Terms of Service

Our Terms of Service

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

These terms (the "Terms") govern your use of the Web site at www.eternsoftware.com ("Site") and any technology support services provided either by telephone or computer (the Site and the support services are collectively referred to as the "Services") provided by rhombustechs, its subsidiaries, affiliates and contractors ("Eternal Soft Technologies ", "We", "Our", or "Us"). By accessing, ordering or using the Services via telephone or online via the Site, you ("You" or "Your" means you or, for services designed for businesses ("Business Services"), the legal entity that you are authorized to represent and on whose behalf the Business Services are purchased) and other users of the Services (collectively, "Users") agree to these Terms and Our Privacy Policy available. If, at Your request, We agree to send Our employees or representatives to Your residence, place of business, or other location designated by You and agreed to by Us in order to provide You with technology support services, then these Terms shall govern such provision of services as well. If You do not agree to these Terms, You may not access or use the Services.

eternsoftware is a DBA used by Eternal Soft Technologies.

Scope of Services

You may initiate the Services via telephone, via the Site, or other means made available by Eternal Soft Technologies org will use commercially reasonable efforts to answer Your technology question and resolve Your technology problem for a fee as set forth in the Site or as quoted on the telephone, as applicable. Eternal Soft Technologies org may provide certain portions of the Services via remote control session, online chat or e-mail. We may set forth limits to the technology We support. Certain Services may have minimum system requirements.

Eternal Soft Technologies org Services may include Services that are available on a one-time basis, for a fee ("Individual Services"); as well as subscription Services, which are an entitlement to more than one Service over a period of time, for a recurring fee ("Subscription Services").

Terms of Use

We provide You with access to and use of the Services subject to Your compliance with the Terms. Eternal Soft Technologies org reserves the right to refuse to provide the Services to anyone at any time without notice for any reason. You represent and warrant to Us that (a) You are at least 18 years old; (b) You have the right, capacity and authorization necessary to legally bind Yourself to the Terms; (c) You have read and agree to the terms of the Privacy Policy on the Site, (d) You will comply with all treaties, laws, rules and regulations applicable to Your use of the Services, (e) any information You submit to Eternal Soft Technologies org is correct and complete, and (f) any payment or credit card information You supply is correct.

Authorization to Access Your Computer; Monitoring of the Services

You acknowledge that by Your use of the Services You are authorizing Eternal Soft Technologies org to access and control Your computer or device (collectively "Device") for the purposes of diagnosis, service and repair.

In connection with delivering the Services, Eternal Soft Technologies org may download and use software, gather system data, take remote control of Your Device and access or modify Your Device settings. By accepting these terms, You hereby grant Eternal Soft Technologies org the right to connect to Your Device, download and use software on Your Device to gather system data, repair Your Device, take remote control of Your Device and change the settings on Your Device while performing the Services. Other than as set forth in the warranty section below, You agree that Eternal Soft Technologies org has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the Services.

We may, but have no obligation to, monitor and record the Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to Eternal Soft Technologies org to monitor and record the Services and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to You and Our Users; to protect ourselves and/or Our Users; and to enhance the types of Services we may provide to You in the future. You also grant Eternal Soft Technologies org permission to combine Your information with that of others in a way that does not identify You or any individual personally to improve the Services, for training, for marketing and promotional purposes, and for other business purposes. Please see Our Privacy Policy for further details.

We may, but have no obligation to, monitor and/or to review all materials posted to the Site or through the Site's services or features by third parties, and we are not responsible for any such materials posted by third parties. We are not responsible for any failure to monitor, review and/or delete any materials posted to the Site or through the Site's services or features by third parties. However, We reserve the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in Our sole discretion, are in violation of these Terms or applicable law. We may also impose limits on certain features of the Site or restrict Your access to part or all of the Site without notice or penalty if We believe You are in breach of the guidelines set forth in Our Terms or in violation of applicable law without notice or liability.

Data Backup

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ALL INFORMATION, DATA, TEXT OR OTHER MATERIALS (COLLECTIVELY "CUSTOMER DATA") AND SOFTWARE STORED ON YOUR DEVICE AND STORAGE MEDIA BEFORE ORDERING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT Eternal Soft Technologies org OR ITS REFERRAL PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF THE SERVICES. IF YOU WISH TO ORDER DATA BACKUP SERVICES WHICH ARE SOLD SEPARATELY AND SUBJECT TO SEPARATE TERMS OF SERVICE AND PRIVACY POLICY.

Eternal Soft Technologies org DOES NOT PROVIDE SEPARATE BACKUP COPIES OR SUPPORT Eternal Soft Technologies LLATION OF UNLICENSED SOFTWARE TO CUSTOMERS. PLEASE ENSURE THAT YOU HAVE A LICENSED COPY OF ALL NECESSARY SOFTWARE

Warranty

The Services may not be successful because the problem may be beyond Our ability to resolve remotely. If You have purchased an Individual Service from Eternal Soft Technologies org, then the following warranty applies: if We are not able to answer Your question or resolve Your technology problem and You have complied with all of Your obligations in these Terms, We will not charge You a fee for the Individual Service. If You experience a problem with the resolution We provided and You call Us within five (5) days from the day You originally received the Individual Service, We will use commercially reasonable efforts to try to resolve Your problem at no additional charge. If those efforts are unsuccessful, We will refund the fees that You paid for the Individual Service.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL ADVICE, CONTENT, AND SOFTWARE) ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OF THE SERVICES, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Eternal Soft Technologies org DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR TECHNOLOGY PROBLEM. Eternal Soft Technologies org MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, CONTENT OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY. ANY CONTENT OR SOFTWARE THAT YOU ACCESS, DOWNLOAD OR USE WITH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES.

Use of Software and Tools

Eternal Soft Technologies org may need to download and/or run software on Your Device to help diagnose and resolve Your technology problem. Eternal Soft Technologies org uses several types of software: the first type provides Device system information to Eternal Soft Technologies org which helps Us diagnose and resolve Your technology problem, the second type allows Eternal Soft Technologies org to remotely control Your Device and modify its settings or software, and the third type generally consists of utilities and other tools to improve Device performance and help resolve Your technology problem.

You acknowledge and agree that use of all Eternal Soft Technologies org software and third party software and tools accessed, downloaded or otherwise provided or made available with the Services (collectively "Software") are subject to the license agreements that may appear or be referenced when You access or download the Software. You may not access, download or use any Software without agreeing to the terms and conditions of the license agreements without modification. You agree that we may download and utilize Software from third party Web sites and accept any applicable license agreements on your behalf. You acknowledge and agree that we may download and Eternal Soft Technologies trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless You purchase a license to continue using such Software. You may use the Eternal Soft Technologies org software only in connection with the Services and for no other purpose. You agree that we may, but are not obligated to, remove any Software downloaded to Your Device during the Services after we have completed or terminated the Services.

Customer Responsibilities

You must cooperate with Eternal Soft Technologies org and promptly respond to Our requests for information and comply with Our requests to take actions to resolve Your technology problem. In order to help resolve your technology issue, You may be required to consent to the downloading and use of Software on Your Device and accept all applicable license agreements for the Software.

Registration, Passwords and Security

In order to use certain Software or Services, We may require that You register. During the registration process, You may be asked to designate, or We may designate for You, a user name and password. You are responsible for maintaining the confidentiality of any password or account information You receive from Eternal Soft Technologies org, and are responsible for all activities that occur using that password or other account information. You must provide complete and accurate identification, contact, and other information required as part of the registration process. You must notify Eternal Soft Technologies org immediately upon learning of any unauthorized disclosure or use of Your password or other account information. Eternal Soft Technologies org has no liability for any unauthorized use of the Services under Your account or on Your Device.

Fees and Payment

The applicable fees for the Services You order may be quoted on the telephone and/or may be available on the Site. The fee for the Services will be charged directly on Your credit card and You agree to pay the charges applicable to Your selected Services, as well as any applicable taxes.

For Subscription Services, the applicable fees will depend on the type of subscription that You purchase, and the duration of the subscription. Unless you have purchased a special or trial offer Subscription Service that specifically provides otherwise, a one time set-up fee applies to all Subscription Services. For Personal and Business Subscriptions, the minimum subscription duration is one (1) month.

Unless you have purchased a special or trial offer Subscription Service that specifically provides other terms for cancellation and/or refund, you may cancel any Subscription Service within seven (7) days following Your purchase of the Subscription Service, by contacting Eternal Soft Technologies org. Otherwise, the fees for the Subscription Service are not refundable. By authorizing Us to charge Your credit card for Your Subscription Service, You further authorize Eternal Soft Technologies to continue to charge Your credit card (or a replacement card, if the credit-issuing entity informs Eternal Soft Technologies that a replacement card has been issued) for all fees associated with the Subscription Service, including renewals. You must contact Eternal Soft Technologies if You do not wish to renew Your Subscription Service; if You do not contact Eternal Soft Technologies the Subscription Service that You selected will automatically renew for the same subscription duration that You initially selected, at Eternal Soft Technologies 's then-applicable fees.

Modifications to the Services

We reserve the right, for any reason, in Our sole discretion and without notice to You, to modify, terminate, change, suspend or discontinue any and all aspects of the Services, including Content, Software, features and/or hours of availability, and We will not be liable to You or to any third party for doing so.

Security

While We use reasonable security measures to deliver the Services, You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that any personal information You submit to Us will be free from unauthorized intrusion.

Submissions

All comments, feedback, information (other than Your personally identifiable information or billing information) or materials submitted to Eternal Soft Technologies ("Submissions") shall be considered non-confidential and Eternal Soft Technologies property. By providing such Submissions to Eternal Soft Technologies You agree to assign to Eternal Soft Technologies at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Eternal Soft Technologies shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. As part of any subscription Services purchased by You, You acknowledge and agree that Eternal Soft Technologies may retain some of Your personally identifiable information or billing information for purposes of record retention and for purposes of billing any renewals of the subscription Services, which shall not be subject to the foregoing assignment provision.

International Use

Currently, the Services are only available for residents of the United States and Canada. Eternal Soft Technologies may, from time to time, offer promotions to residents of other countries. You agree to comply with all applicable laws and regulations, including without limitation, United States export laws and regulations. You represent and warrant that You are not on the United States' prohibited party list and not located in or a national resident of any country on the United States' prohibited country list.

Proprietary Rights

Eternal Soft Technologies respects the proprietary rights of software and hardware manufacturers and will not Eternal Soft Technologies or support unlicensed materials. The Services, and the Software and Content provided with the Services, are protected by law including copyright, trademark, service mark, patent or other proprietary rights and laws. Eternal Soft Technologies is the copyright owner or licensee of the Services, Software, and Content, unless otherwise indicated. If You make use of the Services, Software or Content, other than as expressly provided herein, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of Our trademarks, registered trademarks, service marks, other copyrightable material, patents or any other intellectual property by including them with the Services.

Trademark Information

Eternal Soft Technologies the Eternal Soft Technologies logo, Rhombusnt Technology Relief, Nexus, Personal Technology Experts, Help, Sammsoft, SpyDefy, ARO, Advanced Registry Optimizer and all other product names, service names, slogans, and related logos are registered trademarks or trademarks of Eternal Soft Technologies org in the United States and other countries. You are not permitted to use these trademarks, or any other Eternal Soft Technologies trademarks, without the prior written consent of Eternal Soft Technologies . 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 Eternal Soft Technologies and its products, and (2) an endorsement of the company or its products by Eternal Soft Technologies.

Dealings with Third Parties

In the course of delivering the Services to You, we may refer You to third parties, or the websites of third parties, that offer products and/or services that may facilitate the resolution of Your Device support issues or otherwise be of potential assistance to You. These third parties and/or their websites may also be linked and/or displayed on the Site. Although we may link or otherwise refer You to such products and services offered by third parties, unless expressly stated to the contrary, such references, links and/or displays in no way mean, imply, suggest or constitute any evaluation or approval by Us of those merchants or their products or services. We are not responsible in any way for any other Web sites, products, services or information. Your dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such other entity. You agree that Eternal Soft Technologies shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on the Services. Likewise, any third parties that may refer You to the Services have no responsibility or liability for the Services provided by Eternal Soft Technologies.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD Eternal Soft Technologies ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, IN ANY WAY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR YOUR VIOLATION OF THE TERMS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL Eternal Soft Technologies ITS SUPPLIERS, AND REFERRAL PARTNERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, WHETHER FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), MISPRESENTATION, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING FROM DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, SOFTWARE, CONTENT OR YOUR DEVICE AND OTHER TECHNOLOGY INCLUDING, WITHOUT LIMITATION, LOST SALES, LOST REVENUE, LOST PROFITS OR OTHER LOSS OF BUSINESS, LOSS OF OR DAMAGE TO DATA, OR COST OF SUBSTITUTE SERVICES EVEN IF Eternal Soft Technologies HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Governing Law

The substantive laws of the State of Delware, United States of America, without reference to any conflicts of law principles that would require the application of the laws of any other jurisdiction, shall govern these Terms. The parties agree that the U.N. Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Any action or proceeding arising from or relating to the Services shall be subject to the exclusive jurisdiction of the state or federal courts in Massachusetts and You expressly agree to submit to the personal and exclusive jurisdiction and venue of these courts. Notwithstanding the foregoing, Eternal Soft Technologies org may bring an action to protect or enforce its intellectual property rights in any applicable jurisdiction.

Electronic Communications

The information communicated on this Site constitutes an electronic communication. When You communicate with Us through the Site or other forms of electronic media, such as e-mail, You are communicating with Us electronically. You agree that Eternal Soft Technologies on behalf of itself and others who may be involved with delivering the Services (as applicable), may communicate electronically by e-mail and/or may make communications available to you by posting them on the Site, and that such communications, as well as notices, disclosures, agreements and other communications that We provide to You electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by Us.

General Information

This version of the Terms is effective as of December 2012. The Terms together with the Privacy Policy and any applicable license agreements constitute the entire agreement between You and Eternal Soft Technologies and govern Your use of the Services, superseding any prior or contemporaneous agreements between You and Eternal Soft Technologies The failure of Eternal Soft Technologies to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties" intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign the Terms or any of Your rights or obligations under the Terms without Eternal Soft Technologies express written consent. The Terms inure to the benefit of Eternal Soft Technologies successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect. Unlimited Service and Access to Expert Technician.

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