Wintech PC Services

Wintech PC Services ("Wintech PC Services", “Company”, "we", or "us") maintains this product site (the "Website"), for your personal entertainment, information, education and to provide information and products for individuals looking for products and software distributed by Wintech PC Services. This Website is provided to you, and if you are a minor, also to your parents or legal guardians (collectively, "you" or "your"), under these "Terms of Use and Conditions for Sale" and any amendments or supplements to them (collectively referred to as this "Agreement" or "Terms") that may be posted by Wintech PC Services from time to time.

Your use of this Website, including, informational materials or any other products provided through the Website, shall be deemed to constitute your consent to be bound by the terms and conditions of this Agreement and shall be enforceable in the same way as if you had signed this Agreement. If you are not willing to accept the terms and conditions in this Agreement, we ask that you do not use the Website or order any items from it. This Agreement governs and applies to your access to and use of this Website and its related domains on which this document appears, any order you place through this Website and Websites on which the document appears, and, as applicable, your use of other products or software of Wintech PC Services . To the extent of any express inconsistency with any other agreement you may have with Wintech PC Services for products, software, or otherwise, that other agreement shall prevail unless explicitly stated therein. If this Agreement refers or relates to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Website.

Wintech PC Services will use the information you provide to process and ship (if applicable) your orders (including disclosing your name and address to fulfillment houses and delivery software such as UPS or USPS if applicable; to contact you about the status of your orders; create an account for later use so that you do not need to re-enter the information for each subsequent order; and as otherwise indicated by our site's Privacy Policy. Further, you agree that we may disclose your personal information to a third party if we believe in good faith that the law or legal process requires it, to protect the rights or property of Wintech PC Services or others, or as otherwise described in our site's Privacy Policy.

For avoidance of doubt, this Agreement applies to:

Software: Your purchase of licenses from Wintech PC Services for Wintech PC Services’s computer software products described below ("Software" and "Software Licenses"), which includes maintenance and technical support for the Software as described more fully in the Terms;
Websites: Your access to and use of Wintech PC Services 's Websites, including: http://www.wintechpcServices.com and www.wintechpcServices.com (collectively, the "Websites").

Your use of Wintech PC Services 's Software is subject to an End User License Agreement, which is described below.

When you purchase Software Licenses and/or Products and when you access the Websites: (a) you represent and warrant to Wintech PC Services that you have the legal capacity to agree to these Terms; (b) you represent and warrant to Wintech PC Services that all information you provide to Wintech PC Services, including information relating to your payment for Software Licenses and/or Products, is correct; (c) you acknowledge and agree to abide by the terms and conditions set forth in these Terms; and (d) you acknowledge and agree that these Terms also apply to all entities with which Wintech PC Services may have contractual relationships in connection with the Software and/or Products. If you do not agree to these Terms, you may not use the Products or Software and you may not access the Websites.

Website Audience
This Website is intended for visitors from the United States. The Website is not intended for any children under the age of 13. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE AND/OR PURCHASE AND USE Wintech PC Services PRODUCTS OR SOFTWARE ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.

Payments for Purchases and Automatic Renewals
If you purchase the Software or Products and your payment is not successfully processed, we will attempt to notify you and your account will be suspended and you will have up to thirty (30) days to contact Wintech PC Services to correct or update your billing information. At that time your accounts are reinstated, you will be billed for the full period for which you have purchased software/products

(in other words, the amount due for the contracted period of time will not be pro-rated) and, in addition, you also may be billed a reinstatement fee. If you do not correct or update your account information during the thirty (30) day period, your account will be canceled. When your billing information has been corrected or updated, your subscription will be effective as of your original date of purchase and you will be billed accordingly.

With respect to Online Backup, you will have up to ten days from the date of cancellation to remove all files that you have backed up. Following the expiration of the ten-day period, all of your backed up files will be deleted.

When you purchase Software Licenses and/or Products, you are entitled to use the Software and Products, as applicable, for the duration of the initial period you purchased, which is set forth in the documents and information relating to your purchase ("the Initial Subscription"). At the end of the Initial Subscription, Wintech PC Services automatically will renew the following software licenses and Products (“Auto-Renew Products/Software") for successive periods of the same duration as the Initial Subscription: Wintech PC Services PC Optimizer ("PCO"); Wintech PC Services Antivirus 4.0 ("Antivirus 4.0"); Wintech PC Services Early Detection Center ("EDC"); Wintech PC Services Registry Cleaner ("RC"); Wintech PC Services LiveTech Remote Technical Support ("LiveTech") renewal subscriptions only and Wintech PC Services Online Backup Service ("Online Backup”). Please read carefully the following important information regarding automatic renewals:

Wintech PC Services automatically will renew Auto-Renew Products/Software using the payment method you authorized at the time of your purchase, at the then current renewal price. For annual subscriptions, Wintech PC Services will notify you by email, sent to the email address you provided in connection with your purchase, prior to the renewal date, of the impending renewal, the renewal deadline and the renewal price. Wintech PC Services automatically will renew Auto-Renew Products/Software for successive renewal periods until it is cancelled. You may cancel automatic renewal service at any time by telephoning Wintech PC Services at (213) 375-8421 during normal business hours.

Renewal payments are billed on or about the last day of the Initial Subscription and each renewal period thereafter until the applicable subscription is terminated.

Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by the Wintech PC Services to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Terms of Use. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SOFTWARE / PRODUCTS OFFERED BY THE COMPANY. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is canceled or is no longer valid (for example, for loss or theft). Changes to such information can be made by calling a customer service representative at the numbers listed on the Website under Customer Service. You agree that if you are ordering Software or Products on behalf of a company, that you have sufficient authority to bind that company to this Agreement.

We reserve the right to refuse or discontinue the supply of the software and products to any user at any time at our sole discretion.

Software Licenses
Wintech PC Services offers Software Licenses pursuant to the terms of an End User License Agreement (the "EULA") between you and Wintech PC Services. Your purchase and use of, and Wintech PC Services's obligations with respect to, the Software are governed solely by the EULA and these Terms. In the event of any conflict between any provision in these Terms and any provision in the EULA, the provision that is more favorable to Wintech PC Services shall apply. The Software is the copyrighted work of Wintech PC Services and is licensed to you by Wintech PC Services pursuant to the EULA. Wintech PC Services retains full and complete title to the Software and to all intellectual property rights to the Software. As a result, you do not own the Software, and your limited rights to use the Software are set forth in the EULA.

You will be unable to install any Software unless you, or a LiveTech agent acting on your behalf and with your permission, first agree to the terms and conditions of the EULA.

The Operation of the Software
Certain Software scans some or all your computer's system and data files, memory, registry, and email programs, and monitors programs that are operating, including Internet activity, for: (1) known, malicious, unwanted spyware, adware, malware, virus and other threats to your computer, programs, registry and information ("Threats"); and (2) for potential Threats ("Potential Threats"). Threats are deleted and Wintech PC Services then maintains a file in order to reverse the removal if appropriate. Potential Threats are sent to Wintech PC Services, where they are analyzed and, if appropriate, identified as Threats. The Software downloads to your computer Threat definition information to protect the computer from future infection by the Threats and Potential Threats. The Software will receive this information either directly from Wintech PC Services or by means of other customers' computers through the Argus Network, as described below.

Certain Software scans for software and registry entries that have been installed or added to your computer which: (1) may track your information and Internet activity for the purpose of generating advertisements; (2) may transmit information on your computer to other persons; (3) may impair the operation of your computer; or (4) may represent an unwanted communication with you ("Potentially Unwanted Software"). If the Software detects Potentially Unwanted Software, you will be asked whether you want the Potentially Unwanted Software removed and quarantined. However, by removing Potentially Unwanted Software: (1) other software on your computer that you want to operate may cease to operate properly; and (2) other software that you want to retain may be disabled or removed.

You acknowledge that the Software may not be able to detect all Potential Threats, Potentially Unwanted Software, and unnecessary and invalid registry entries on your computer.

Certain Software will send to Wintech PC Services, at your discretion information relating to: (1) Threats, Potential Threats, and Potentially Unwanted Software; and (2) the IP address country location of your computer.

We also may collect (with your authorization) the following information about your computer:

Technical information about the basic configuration and operation of your computer, including operating system version, processor type, disk space, memory space, and number of drivers.
Information about Wintech PC Services Software on your computer, including the version and when it was installed and upgraded.
Certain events that occur on your computer, including when Wintech PC Services Software is installed, when Wintech PC Services Software receives threat updates, and when errors occur in Wintech PC Services Software.

This information is sent to Wintech PC Services with your authorization, and it is stored in an anonymous form that cannot be used to identify you. By way of explanation, Wintech PC Services knows, based on the information, that there is a customer with a certain kind of computer that is performing certain functions. Wintech PC Services does not know the customer's identity. In the event that it is necessary for Wintech PC Services to learn your identity in order to diagnose certain kinds of problems or to monitor your computer for certain events, you will be asked to authorize Wintech PC Services to collect the additional information. You can make your selection as to whether Wintech PC Services may collect this additional information before the software is installed or by using a control panel included in the software. With respect to your selection, (i) Early Detection Center ("EDC") Software permits you to change your selection at any time by using the control panel and (ii) PCO permits you to designate your selection only at the time of installation (i.e., you cannot change it later).

We do not sell or otherwise provide any of the above-mentioned information to unaffiliated third parties and use it only to improve our products and offer better service to our customers.

The services and/or software provided by Wintech PC Services seek to diagnose your computer for, among other problems, viruses and spyware. Wintech PC Services continues to update Antivirus 4.0 to help ensure that they do not misidentify threats. However, it is possible that the Wintech PC Services Software could misidentify legitimate data on your computer as a threat and, in removing it, could cause serious damage to your computer. In addition, this may include among the results for tracking cookie objects, a cookie used by one or more of our Websites on which you reviewed or downloaded a Wintech PC Services software product. You agree that Wintech PC Services's liability is limited as set forth in the sections in these Terms entitled "Disclaimers of Warranties" and "Limitation of Liability."

The software and/or programs are designed to detect as many potential problems as possible. For example, some software is designed to identify, among other problems, erroneous and unnecessary entries in your Windows® registry, invalid data references, and duplicate and junk files. The erroneous and unnecessary registry entries are common on all computers, including new computers. Wintech PC Services continues to update PCO to attempt to help ensure that it does not misidentify legitimate registry entries. However, it is possible that this software could misidentify legitimate registry entries on your computer as errors and, in removing them, could cause serious damage to your computer. Specifically, the erroneous and unnecessary entries detected likely will include some registry errors which are generated by Windows® operating systems as a result of routine operations including, for example, the downloading and installation of Windows® updates. In most instances, some registry errors will be detected which would appear on a "clean" PC which was never connected to the Internet and which had no programs installed except the Windows® operating system. In most instances, a small number of registry errors may be detected which will reappear after they have been removed even if no additional programs or program updates are installed on the computer. After the registry errors have been removed, the software will not report any registry errors for a period of twenty-four (24) hours.

You acknowledge the following:

Although a very large number of these registry entries may slow the performance of your computer, a modest number does not indicate a performance problem.
The re-appearance of registry entries that have been removed and the appearance of new registry entries is possible.
Low risk cookies are minor threats and do not indicate that malicious software is operating on your computer.
Depending upon the settings on and operation of your computer, additional cookies may appear on your computer after the operation of the Software.
There are some viruses and spyware that cannot be removed by the Software and that require the assistance of a LiveTech technical support agent; you therefore acknowledge that the Software may not remove all viruses and spyware and that a LiveTech support subscription may be required to address your computer problem.

You agree that Wintech PC Services's liability is limited as set forth in the sections in these Terms entitled "Disclaimers of Warranties" and "Limitation of Liability." If you believe that Wintech PC Services's Software may be misidentifying legitimate data, please contact us.

We use software that: (a) provides non-personal computer system information, including information about your computer's performance and configuration, to us so that we can diagnose the problem; (b) allows us temporarily to control your computer remotely and change your computer's settings so that we can work on resolving your problem; and (c) consists of utilities and tools to improve your computer's performance.

Compliance with Intellectual Property Laws
Your use of our Software and Products constitutes your agreement to comply with all applicable intellectual property laws, including copyright laws. You agree not to upload, download, display, perform, transmit or otherwise distribute any information in any format ("Content") in violation of any person's or entity's copyrights, trademarks, or other intellectual or proprietary rights. You also agree that you are solely responsible for any violation of any intellectual property law or any infringement of any person's or entity's intellectual property rights caused by any Content that you use or transmit by means of our Software, Products, networks, systems or servers, or that is used or transmitted by another person by means of our networks, systems or servers using the Software or Products you have licensed or purchased from Wintech PC Services. You acknowledge that Wintech PC Services's policy generally is to cooperate in connection with investigations and litigation involving claims of infringement of intellectual property laws.

Inappropriate Content
You agree not to upload, download, display, perform, transmit or otherwise distribute any Content that: (1) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (2) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise constitute a violation of applicable law; or (3) advertises or otherwise solicits funds or is a solicitation for the purchase or sale of goods. Wintech PC Services reserves the rights to: (1) terminate your ability to upload, download, display, perform, transmit or otherwise distribute such Content; (2) terminate your Software license and your subscription for Software; and (3) delete any such Content from Wintech PC Services's servers. You acknowledge that Wintech PC Services's policy generally is to cooperate in connection with investigations and litigation involving claims that uploading, downloading, displaying, performing, transmitting or other distribution of any Content violates applicable law.

Prohibited Uses
Your use of our Software constitutes your agreement that you will not attempt to: (1) breach or circumvent any security feature of the Software or our networks, systems and servers; (2) breach or circumvent any authentication feature of the Software or Products or our networks, systems and servers; (3) access any information or data that is not intended for your use; (4) access any server or other account that you are not authorized to access; (5) attempt to probe, scan, examine, or test the vulnerability of any Software or Products; (6) interfere or attempt to interfere with any of our Software or Products or our networks, systems or servers, including, but not limited to, by means of viruses or other malware, overloading, "flooding," "spamming," "mail bombing" or "crashing"; (7) use our Software or Products or our networks, systems and servers to send unsolicited electronic communications including, but not limited to, promotions or advertisements for goods; (8) forge any TCP/IP packet header or any part of the packet header in any electronic communication using our Software or Products or our networks, systems or servers; (9) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Wintech PC Services in the Software or in connection with providing Software; (10) use the Software or Products for commercial purposes; (11) use the Software or Service for any unlawful purpose, or (12) re-sell or transfer or attempt to re-sell or transfer the Software. You acknowledge that Wintech PC Services reserves all of its rights in connection preventing and seeking legal remedies for prohibited uses.

REFUNDS

For Software
Within thirty (30) days of purchase, if for any reason you are not completely satisfied with your Software, you can simply call us at (213) 375-8421 to arrange your refund. We will process your credit within ten (10) days. For credit and debit card refunds, your bank may take up to two billing cycles to post the credit to your account. If you have any question, please telephone us for help at (213)375-8421.

THE WEBSITES

Content
By accessing and using the Websites, you acknowledge and agree that the Websites contain information, software, photos, video, text, graphics, music, sounds, and other data including, but not limited to, developer tools, download areas, community forums, chat rooms, blogs, sharing sites and product and service information (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights and laws. All Content is copyrighted as a collective work under the U.S. copyright laws, and Wintech PC Services owns a copyright in the selection, coordination, arrangement and enhancement of the Content. Wintech PC Services's partners also may have additional proprietary rights in the Content that they make available through the Websites. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works, or in any way exploit the Content, in whole or in part. Modification of the Content or use of the Content for any other purpose, including use of the Content on any other Website or networked computer environment, is strictly prohibited.

Use of the Websites
Wintech PC Services grants you a non-exclusive, non-transferable, limited right to use the Websites and the Content for your personal use only, provided that you comply fully with these Terms. By using the Websites, you agree not to interfere or attempt to interfere with the operation of the Websites in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by these Terms. You also agree not to provide any links, on any other websites, to the Websites, including the Websites' portals, content and software. Your use of the Websites is governed by all applicable federal, state and local laws. All Content is subject to U.S. export control laws and also may be subject to the laws of the country where you reside. Wintech PC Services makes no representation that the Content is appropriate or available for use in countries other than the United States, and access to the Websites from countries where the Content is illegal is prohibited. Those who choose to access the Websites from other countries do so on their own initiative and at their own risk, and are responsible for complying with applicable local laws. Information published on Websites may refer to products, programs, that are not available in your country.

Modifications to the Websites
You agree that Wintech PC Services, in its sole discretion, may make, and at any time, modify, suspend, or discontinue the Websites, or any part thereof, temporarily or permanently, at any time without notice to you, and you agree that Wintech PC Services will not be liable for the consequences of doing so

Links to Other Websites
You acknowledge and agree that any linked websites are not under the control of Wintech PC Services and Wintech PC Services is not responsible for the content of any linked site or any link contained in a linked website. Wintech PC Services in its sole discretion and at any time reserves the right to terminate any link or linking program at any time. Wintech PC Services does not endorse companies or products to which it links. If you decide to use any of the third party sites linked to this Website, you do so solely at your own risk. When you leave the Website via a link to another website, you will be subject to the Privacy Policy and the Terms of Use of such other website.

Privacy Policy
Your acknowledgment and agreement to abide by these Terms includes your acknowledgment and agreement that Wintech PC Services's Privacy Policy allows us to: gather, use and disclose certain information about you. The Privacy Policy addresses our collection and use of that information, including your rights relative to that information. Please review the Privacy Policy before you use the Website. If you are unwilling to accept the terms and conditions of the Privacy Policy, we ask that you not use the Website or post or order any items from it.

User Submissions
Certain portions of the Websites (e.g., customer support, contest submissions, polling questions, and registrations) may permit users to submit opinions, evaluations, suggestions, ideas, and other information (collectively, "User Submissions"). By submitting a User Submission, you grant to Wintech PC Services an irrevocable, perpetual, transferable, non-exclusive, royalty-free, worldwide, license (sub-licensable through multiple tiers) to: (1) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submission (or any modification thereto), in whole or in part, in any format or medium now known or later developed; and (2) use and permit others to use your User Submission in any manner and for any purpose, including, without limitation, commercial purposes, that Wintech PC Services deems appropriate in its sole discretion (including, without limitation, the incorporation of your User Submission, in whole or in part, into any technology, product, or service.)

Wintech PC Services reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes.

Wintech PC Services reserves the right in its sole and absolute discretion, at any time, and without notice to you to disclose to third parties, including law enforcement authorities, any information included in User Submissions that Wintech PC Services deems appropriate to: (1) comply with any applicable law or regulation, legal process, or governmental request; or (2) prevent possible harm or injury to any person or damage to any property. Wintech PC Services also reserves the right in its sole discretion and at any time to edit, refuse to post or to remove any User Submission or any part of any User Submission.

Remedies
In order to avoid irreparable injury to Wintech PC Services, in the event of any breach or threatened breach by you of the provisions of this Agreement, shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Wintech PC Services from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.

Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES BY Wintech PC Services.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, AND WEBSITES ARE PROVIDED "AS IS" AND YOU USE THEM AT YOUR SOLE RISK. Wintech PC Services EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, AND THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITATION, Wintech PC Services MAKES NO WARRANTY THAT: (1) THE SOFTWARE, AND WEBSITES WILL MEET YOUR EXPECTATIONS OR SATISFY YOUR REQUIREMENTS; (2) THEY WILL BE ERROR-FREE; (3) THE OPERATION OF THE SOFTWARE, AND WEB SITES WILL BE SECURE OR UNINTERRUPTED; OR (4) THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE, AND WEBSITES WILL BE ACCURATE OR RELIABLE. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Wintech PC Services's PROVIDING YOU WITH ADVICE, CONSULTATIONS, INFORMATION, SOFTWARE CREATES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

Limitation of Liability
YOUR USE OF THE SOFTWARE, PRODUCTS AND WEBSITES IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR: (1) ANY DAMAGE TO YOUR COMPUTER SYSTEM; AND (2) ANY LOSS OF OR DAMAGE TO DATA OR INFORMATION THAT RESULTS FROM YOUR USE OF THE SOFTWARE, PRODUCTS AND WEBSITES.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Wintech PC Services, ITS SUPPLIERS AND BUSINESS AFFILIATES IN NO EVENT WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COVER, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR TECHNICAL SUPPORT AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH THE EULA, OR YOUR USE OF, OR YOUR INABILITY TO USE, THE SOFTWARE, PRODUCTS AND WEBSITES. THE TOTAL, CUMULATIVE LIABILITY OF Wintech PC Services AND ITS SUPPLIERS AND BUSINESS AFFILIATES TO YOU FOR ANY CLAIMS, CAUSES OF ACTION, LOSSES AND DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND STRICT LIAIBLITY, OR OTHERWISE, IN NO EVENT WILL EXCEED THE GREATER OF EITHER THE AMOUNT PAID BY YOU, IF ANY, SOLELY FOR THE SOFTWARE AND TECHNICAL SUPPORT OR ONE HUNDRED DOLLARS ($100.00). THESE LIMITATIONS ON LIABILITY APPLY WHETHER OR NOT Wintech PC Services OR ITS SUPPLIERS OR BUSINESS AFFILIATES HAVE BEEN ADVISED OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH CLAIMS, CAUSES OF ACTION, LOSSES AND DAMAGES.

Limitations of Actions Brought Against Wintech PC Services
You agree that any claim or cause of action arising out of your use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.

You acknowledge and agree that Wintech PC Services, in its sole and absolute discretion, may suspend for a reasonable time your rights under your LiveTech subscription or terminate your LiveTech subscription at any time without prior notice to you. If we terminate your subscription, we may, at our sole discretion, refund a pro rata portion of your subscription purchase price. You agree that Wintech PC Services will not be liable to you or to any third party for the consequences of any termination of your use or access to the Websites, Software Licenses and/or Products. In the event of any such termination, you agree that the provisions of the Agreement regarding Compliance with Intellectual Property Laws, Inappropriate Content, Prohibited Uses, Indemnification, Disclaimer of Warranties, Limitation of Liability, Limitations of Actions Brought Against Wintech PC Services, and Applicable Law; Dispute Resolution shall survive any such termination.

Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Wintech PC Services AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, PARENTS, AFFILIATES AND AGENTS FROM LIABILITY FOR ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DEMANDS, DISPUTES, CAUSES OF ACTION, LOSSES, DAMAGES AND COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES AND COSTS OF LITIGATION, RESULTING FROM OR IN ANY WAY CONNECTION WITH: (1) YOUR PURCHASE OF SOFTWARE OR SERVICES; (2) YOUR USE OF THE WEBSITES; (3) YOUR FAILURE TO COMPLY WITH THESE TERMS; AND (4) YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON. YOU AGREE TO NOTIFY Wintech PC Services IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Applicable Law; Dispute Resolution
Wintech PC Services's Software and Products are subject to United States export controls. Products and software may not be provided or exported or re-exported to: (1) nationals or residents of Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country as to which the U.S. has embargoed goods; or (2) any person included in the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By purchasing licenses, products or software, or by using the Websites, 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.

This Agreement and the resolution of any dispute related to this Agreement, the Website, or items you purchase through the Website shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. The parties agree that in the event of any dispute which arises between the parties relating to this Agreement which the parties are unable to resolve, said dispute shall be submitted solely and exclusively to arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879 FREE .Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If for any reason the AAA is unavailable to handle the dispute, then the parties shall mutually agree on an alternative arbitral form for the dispute.

Said dispute shall be submitted individually by you, and shall not be subject to any class action status. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The parties to this arbitration agreement acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST COMPANY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

You hereby waive any and all rights to claim punitive, incidental or consequential damages, attorney's fees and costs and/or the right to have any actual damages multiplied or increased for any reason. You agree that the only damages to which you will be entitled shall be your actual damages associated with this Agreement. Said arbitration shall occur exclusively in the city and county of Orange, California. All lawsuits, causes-of-action, disputes or other proceedings not subject to arbitration as a matter of law, if any, shall be brought exclusively in the state or federal courts located in the city and county of Orange. The terms of this section survive any termination of the Agreement.

Severability
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.

REFUNDS

For Software
Within thirty (30) days of purchase, if for any reason you are not completely satisfied with your Software, simply call us at (213) 375-8421 to arrange your refund. We will process your credit within ten (10) days. For credit and debit card refunds, your bank may take up to two billing cycles to post the credit to your account. If you have any questions, please telephone us (213) 375-8421.

Pricing Errors and Omissions
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that Wintech PC Services reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.

Electronic Communications
The information communicated on the Website constitutes an electronic communication. When you communicate with Wintech PC Services through the Website or via other forms of electronic media, such as e-mail, you are communicating with Wintech PC Services electronically. You agree that Wintech PC Services may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that Wintech PC Services provides 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 the party sending the communication.

Modifications to the Agreement
Wintech PC Services may make changes to this Agreement from time to time in its sole discretion by updating this posting on this Website without notice to you. Your continued use of the Website following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website, you should check to see if a new version of this Agreement has been posted. Certain provisions of the Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into the Terms and to supersede the provision(s) of the Terms that are designated as being superseded. Wintech PC Services may assign, transfer, or sub0contract any of our rights or obligations under these Terms to any third party at our discretion. No delay by Wintech PC Services in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect Wintech PC Services’s ability to subsequently exercise that right or remedy. Any waiver must be agreed by Wintech PC Services in writing.

Terms & Conditions