Site Terms and Conditions of Use

Last Updated: 1/16/15

 

I. General

1. User’s Acknowledgment and Acceptance of Terms

iTech (“Us” or “We”) provides the iTech website and various related services (collectively, the “site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of November 2011. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

 

II. Services

1. Description of Services

We make various services available on this site including, but not limited to, products and services for personal and business computers,  mobile devices, and other electronics. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).

We reserve the sole right to either modify or discontinue the site, including any of the site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

2. Registration Data and Privacy

In order to access some of the services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

3. Eligibility

You must be thirteen (13) years of age or older to access this site. In order to make an appointment online, you must be eighteen (18) years or older, or have parental consent to book an appointment. For appointments booked by and/or for minors, the owner of the home, a parent, or legal guardian must be present at the time of the appointment.

We require your full name, phone number, home address, e-mail address, and other personal information in order to verify your identity and book an appointment. Your credit card may also be required if we need additional verification. A credit check will not be run under any circumstances, but we may process a small charge (and refund it) to verify the credit card information you provided is accurate.

To book an in-home appointment, you must live in one of our designated service zones. Currently, we are only able to service users residing in Long Island, New York (in the United States). If you are not in our service zone, please contact Customer Support for information about having services performed either online or over the phone.

4. Guarantee of Available Services

While we advertise services in which we currently offer, we make no guarantee that the services you are interested in are available at the moment. Additionally, offers and other items associated with a specific service can be discontinued or removed at any time without notice.

5. Guarantee of Service Completion

At the time of booking your appointment, the information for services advertised on our website (or by the customer service representative) is generally what you will receive at the time of servicing. If a service is updated for any reason (including the addition or removal of products, offers, or other items), your iTech representative will perform the updated services. Your iTech representative may issue a partial refund for removed products, services, or offers, but it not guaranteed.

At the end of your appointment, the iTech representative should have completed all of the products and services you ordered. If, for any reason, a specific product wasn’t delivered or service wasn’t performed, you will not be charged for that product or service. If you find that you are still facing the same issue you were before the iTech representative performed the service(s), you may be entitled to a refund for that specific service under our Satisfaction Guarantee.

The iTech Satisfaction Guarantee covers services performed during an appointment within the last thirty (30) calendar days. The following services, and products that come with iTech services, are not covered under the Satisfaction Guarantee:

• “Get a New Computer” service
• “Set Up Your New Computer” service
• software with activation keys, including, but not limited to, Norton products, Windows® operating systems, Mac OS X operating systems, and data backup software, as well as any applicable setup fees
• non-returnable software and hardware
• removable media, including, but not limited to, CDs, DVDs, USB drives, and external hard drives
• computer-related hardware and devices, including, but not limited to, RAM, printers (both wired and wireless), internal hard drives, and the installation of these items
• hourly or daily lessons for electronics such as, but not limited to, computers, cell phones, tablets, and music players

 

III. Payment

1. Acceptable Payment Methods

For most products and services ordered through iTech, we accept cash, check, PayPal, credit/debit cards (in the United States) and iTech Gift Cards as methods of payment. For online (remote) appointments and over the phone appointments, we only offer PayPal, credit/debit cards (in the United States) and iTech Gift Cards as acceptable methods of payment. Certain clients may be prohibited from sending their payment by check until we conduct further verification, and other clients may be required to send their payment by check for large payments or for items that may need proof of payment.

2. Fees

iTech does not charge any fees for payments received through PayPal, credit/debit cards (in the United States) or iTech Gift Cards. You are responsible for any data usage you may encounter while sending online payments, as well as postage fees (if you choose to send a check in the mail). If a payment is not received in a timely manner, we reserve the right to charge a Late Fee for the unpaid balance (see Section III, Part 3).

iTech reserves the right to charge a purchasing fee for all products purchased through iTech. For products totaling less than $350.00, a 10% fee will be automatically added to the total price. For products valued at $350.00 or more, a $35.00 fee will automatically be added to the total price. This fee will be incorporated into the final cost of the product, and will not be shown as a separate charge on your invoice or receipt.

3. Late Payments

Generally, full payment for completed services (as well as products received) during an appointment is required at the end of the appointment. Under certain circumstances, your iTech representative may allow you up to fourteen (14) calendar days to send your payment in full. In this situation, you will receive an invoice in the mail with the total amount due. You may either send your payment online (by logging into your iTech account) or by check in the mail. If payment in full is not received within fourteen (14) days, iTech reserves the right to charge a late fee of up to 1.5% of the original invoiced amount.

At the beginning of an appointment, the iTech representative, at their discretion, may require valid credit card information in order to begin the requested services. By providing this information, you agree that, in the event that you refuse to pay for iTech products and services on time, iTech is authorized to charge that credit or debit card for the full dollar amount shown on your invoice. In addition, iTech is also authorized to add up to a 1.5% late fee to the total charge for unreceived payment.

 

IV. iTech Website

1. Conduct on Site

Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

f. impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See Section VI, Part 2 below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

2. Third Party Sites and Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

3. International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

4. Participation in Promotions

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

 

V. iTech Online Account

1. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

2. Registration Requirements

To access your account information online, you must register for an iTech account. You must be a current iTech client to register for an iTech account. To do so, visit www.itechli.com/register. You must provide accurate personal information, which will be checked against our records and reviewed by an iTech representative, in order to open your account.

3. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

 

VI. Copyright

1. Intellectual Property Information

Copyright ©2011-2015 iTech. All Rights Reserved.

For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes message boards, chat, and other original content.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of iTech and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of iTech or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of iTech or its Affiliates.

2. Unauthorized Use of Materials

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).

4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).

5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”

6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

7. Be signed in writing.

8. Be a written communication and sent to the following address:

Designated Agent for Claimed Infringement:

Contact: iTech DMCA
E-mail Address: copyright@itechli.com
Phone: (516) 216-9025

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

 

VIII. Purchases

1. Sale and Purchase of Goods

iTech (“Seller”) hereby agrees to sell, and You (“Buyer”) hereby agree to purchase, goods of the description and quantity described on the checkout window (“Checkout”) and incorporated herein by this reference (“Goods”) on the terms and conditions set forth in this Agreement.

2. Disclaimer of Warranty/Limitation of Liability

iTech undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and iTech disclaims all other warranties and conditions, express or implied.

SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE “SELLER AFFILIATES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER’S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.

IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.

SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.

3. Force Majeure

Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.

4. General

Buyer may not assign this Agreement without Seller’s written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Virginia, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of the Commonwealth of Virginia and hereby waives any objection to such jurisdiction and venue.

 

IX. iTech Gift Cards

1. General

iTech Gift Cards are non-refundable. The funds on an iTech Gift Card do not expire. Activation may be required in order to gain access to funds. By purchasing and using your iTech Gift Card, you agree to the iTech Terms of Service and terms on the back of your gift card.

2. Fees

You will not incur any additional fees from iTech when using your iTech Gift Card to pay for products or services.

3. Activation

If your iTech Gift Card wasn’t automatically activated, you must activate your iTech Gift Card in order to access your funds. You can activate your gift card on the iTech website by logging into your iTech account or by calling our customer support number.

4. Lost or Stolen Gift Cards

Once your gift card is activated, iTech is no longer responsible for lost or stolen gift cards. To report an undelivered gift card, please call customer support.

5. Acceptable Use

The available funds on an iTech Gift Card can be used towards the purchase of iTech services or products purchased through iTech. You cannot use your iTech Gift Card to pay for another iTech Gift Card or redeem it for cash, except where required by law.

 

X. iTech Rewards Program

1. Eligibility

To receive rewards points for an iTech appointment, you must meet the following criteria:

1. Your appointment must be dated May 1, 2012 or later.
2. You must pay in full within fourteen (14) calendar days from the date of the appointment.
3. You must not have an outstanding balance from a previous appointment or purchase.
4. For appointments dated April 1, 2013 or later, you must have an iTech account or register for an iTech account in order to receive iTech Rewards Points.

Qualifying products and services that are not returned during the first thirty (30) days are eligible for iTech Rewards.

2. Reward Balance

For appointments before January 1, 2015:

For every dollar spent on eligible products purchased through iTech, you will earn 1 iTech Rewards Point. For every dollar spent on eligible iTech Services, you will earn 3 iTech Rewards Points. Once your account reaches a balance of 300 iTech Rewards Points, a $5 iTech Promotional Gift Card will be added to your account, which can be redeemed during a future appointment.

For appointments on or after January 1, 2015:

For every dollar spent on eligible products purchased through iTech, you will earn 2 iTech Rewards Points. For every dollar spent on a product that is associated with an eligible service during the same appointment, you will earn 4 iTech Rewards Points. For every dollar spent on eligible iTech Services, you will earn 5 iTech Rewards Points. Once your account reaches a balance of 1,000 iTech Rewards Points, a $10 iTech Gift Card will be added to your account, which can be redeemed during a future appointment. iTech Gift Cards awarded from an iTech Rewards Balance do not expire.

3. Redemption

For eligible appointments dated May 1, 2012 through March 31, 2013, you will receive a iTech Promotional Gift Card by mail about 45 days from the date of your appointment. For eligible appointments dated April 1, 2013 through December 31, 2014, your account will be credited with a $5 iTech Promotional Gift Card, which will be applied as a payment method at your next appointment. For appointments dated January 1, 2015 or later, your account will be credited with a $10 iTech Gift Card, will be applied as a payment method at your next appointment. You will not receive an iTech Gift Card in the mail for appointments dated April 1, 2013 or later.

4. Conversion

For appointments before January 1, 2015:

For every 300 Rewards Points you receive, those points will be converted into an iTech Promotional Gift Card, which is redeemable at your next appointment. Your leftover points will remain in your Rewards Points balance until you earn another 300 Rewards Points from future appointments.

For appointments on or after January 1, 2015:

For every 1,000 Rewards Points you receive, those points will be converted into an iTech Gift Card, which is redeemable at your next appointment. Your leftover points will remain in your Rewards Points balance until you earn another 1,000 Rewards Points from future appointments.

5. Expiration

Your total iTech Rewards Points balance will expire after two years of “no activity”. “No activity” generally means that you haven’t booked an appointment within the last two years, and your total balance isn’t enough to earn an iTech Gift Card. After an iTech Gift Card is issued from an iTech Rewards balance, it will not expire. For iTech Promotional Gift Cards issued before January 1, 2015, funds will expire one year from the date of activation. Activation refers to either the date of mailing (for appointments dated May 1, 2012 through March 31, 2013) or the date the gift card was added to your iTech account (for appointments dated April 1, 2013 or later). You must use the entire balance of your iTech Gift Card in a single appointment, or you will forfeit the remaining balance.

6. Conversions

With the introduction of the new iTech Rewards Program taking effect January 1, 2015, the following changes will be made to existing balances and issued rewards:

• Existing iTech Rewards Balances will not be converted to the new point scale.
• Existing iTech Rewards Balances will now expire two years after “no activity”, instead of six months.
• iTech Promotional Gift Cards on an account will be converted to iTech Gift Cards which do not expire.

7. Promotions

From time to time, we may run promotions or offer bonus iTech Rewards Points for a limited time. In general, you will be notified of these promotions by email, and will receive the terms and conditions of the promotion in that message. In order to earn bonus iTech Rewards Points during the promotional period, your appointment must be dated within that defined period, and meet the general criteria for earning iTech Rewards Points.

 

XI. iTech Post-Service Support

1. Eligibility

For an appointment to be eligible for Post-Service Support, you must meet the following criteria:

1. One of the following services must have been performed at the time of your appointment: 1) Virus Removal, Service Level 1; 2) Virus Removal, Service Level 2; or 3) Virus Removal, Service Level 3; 4) Virus Protection; 5) Five-Point System Inspection; or 6) Five-Point System Inspection w/System Maintenance
2. Your receipt must explicitly state that your appointment is eligible for iTech Post-Service Support (generally under “Important Information”) or you must have “One Year of iTech Post Service Support” or “Six Months of iTech Post Service Support” listed under the Virus Protection, Virus Removal, or Five-Point System Inspection (or Five-Point System Inspection w/System Maintenance) bundle on your receipt.
3. You must pay your balance in full at the time of the appointment, unless explicitly noted otherwise on your receipt or invoice, or by your iTech representative.

For a computer to be eligible for Post-Service Support, you must meet the following criteria:

1. For Virus Removal: Service Level 1 and Virus Protection bundles, the computer must have had Norton 360 installed by your iTech representative at the time of the appointment.
2. For Virus Removal: Service Level 2 and Virus Removal: Service Level 3 bundles, the computer must have had Norton 360 installed by your iTech representative at the time of the appointment or a Windows operating system reinstalled by your iTech representative at the time of the appointment. The note at the bottom of your receipt will state which requirement applies to your appointment.
3. For Five-Point System Inspection and Five-Point System Inspection w/ System Maintenance bundles, only the computer or computers that were serviced during your appointment are eligible for post-service support. Each computer must have an existing anti-virus program installed and running at the time of the appointment to receive post-service support in the future.
4. You must keep Norton 360 or your personal antivirus software installed and actively running throughout the entire post-service support period to maintain eligibility.

2. Entitled Coverage

Eligible clients are entitled to unlimited online (remote) assistance to remove additional viruses and unwanted files from eligible computers. In addition, your appointment may be eligible for the following additional benefits:

1. One free in-home visit to remove any viruses and unwanted files from your computer.
2. One free phone call to assist in the reinstallation of a Windows operating system, should a similar issue arise again.

Your receipt will clearly indicate if you are eligible for these additional benefits.

3. Coverage Limit

The following restrictions apply to your Post-Service Support:

1. For appointments that are eligible for either unlimited online (remote) assistance or one free in-home visit, your post-service support expires after you “use” your free in-home visit. In addition, you are not allowed to “use” your free in-home visit if you choose to take advantage of online (remote) assistance.
2. For appointments that are eligible for both unlimited online (remote) assistance and one free in-home visit, your coverage ends after the cost for services covered by your post-service support equals the initial cost of the appointment which offered your post-service support. For example, if you paid $150 for Virus Removal services from iTech, your post-service support will only cover up to $150 in related services performed by iTech under your post-service support.
3. For appointments that are only eligible for unlimited online (remote) assistance, your access to “unlimited” assistance expires after the cost for services covered by your post-service support equals the initial cost of the appointment which offered your post-service support. For example, if you paid $150 for Virus Removal services from iTech, your post-service support will only cover up to $150 in related services performed by iTech under your post-service support.
4. Your coverage ends one year (365 calendar days) after the initial appointment which offered your post-service support. For Five-Point System Inspection and Five-Point System Inspection w/ System Maintenance bundles, your coverage ends six months (180 calendar days) after the initial appointment which offered your post-service support.
5. Post-service support only covers issues similar to the ones you experienced during your initial appointment, and will not cover more severe issues. For example, if you qualified for Virus Removal: Service Level 1 services at the time of your appointment, issues such as “blue screens” and system startup failures will not be covered.

4. Expiration

If your post-service support does not terminate because you do not reach an applicable coverage limit, your post-service support will automatically end for all covered computers after one full year (365 calendar days) from the date of the initial appointment which offered your post-service support. For Five-Point System Inspection and Five-Point System Inspection w/ System Maintenance bundles, your coverage will automatically end for all covered computer after six months (180 calendar days) from the date of the initial appointment which offered your post-service support.

5. Renewal

After your post-service support expires, you may be able to “renew” your post-service support if you meet the requirements for post-service support detailed in Section XI, Part I of these Terms of Service. Your iTech representative will be able to inform you of any changes to your coverage and your eligibility at the time of your appointment.

 

XII. iTech Label Design Services

1. Terms of Use

The iTech Design Wizard is an online service that allows customers to design, create, and purchase custom address labels from iTech. By using the Label Design Wizard, you attest that you are at least 13 years of age, are authorized to mail parcels to the specified addresses you provide, and are the authorized account holder of the name on the credit card or PayPal account that you provide to us to process your order. You may not use our Label Design services to send solicited mail or purchase labels using an unauthorized credit card or PayPal account.

2. Credit Card/PayPal Payment Agreement

By completing the Label Design Wizard and providing your billing information, you authorize iTech to charge the full amount of your purchase to the credit card or PayPal account in accordance with your cardholders or bank service agreement. Once an order is placed, you must contact iTech within 24 hours to cancel your order and request a refund. After this time has passed, you are no longer entitled to a full refund, and you lose your rights to file a charge-back against your financial institution or a PayPal Buyer Protection case, unless you did not authorize the payment.

3. Coupon/Discount Policy

If you have received a promotional offer by email, mail, or other means from iTech or an iTech representative, you may apply the coupon to your order using the iTech Label Design Wizard. You may invalidate your eligibility if you do not complete your order online (including placing your order over the phone or completing payment through cash or check). The following conditions apply for coupons in the Label Design Wizard:

a. You may apply one coupon per transaction.
b. Coupons cannot be applied to the following items: Christmas Address Labels, 1-30 Labels; General Occasion Address Labels, 1-30 Labels; Professional Address Labels, 1-30 Labels; Return Address Labels, 60 Labels
c. Coupons can only be applied to orders placed online using the Label Design Wizard.
d. iTech Rewards Points cannot be applied as a coupon for label purchases. iTech Promotional Gift Cards cannot be applied to Label Design Wizard purchases.
e. Once a coupon expires, you can no longer apply it to your order. If you apply an expired coupon to your order, iTech reserves the right to add the discounted amount back to your order and charge the original price to your credit card or PayPal account.

 

The following terms apply to the 40% off discount for reordering Christmas address labels:

a. When reordering Christmas address labels from iTech, you will receive 40% off the “subtotal” price when you apply the coupon code displayed on your receipt. This does not include the price after shipping, discounts or price adjustments (“total” price, as it is displayed on your receipt).
b. The 40% discount is a nontransferable coupon and can only be used when reordering Christmas address labels (and return address labels, if you ordered them at the same time).
c. Change in design, including font type, font size, font color, font style, image, and background color will void your eligibility for this discount.
d. Additional custom design requests or add-ons may void discount.
e. The removal of addresses that would change your package price will void your eligibility. For example, if you had 75 labels (61-90 Address Labels) and removed 15 to fall into the 31-60 Address Label package, you won’t be able to receive a 40% discount.
e. The 40% discount cannot be applied to Return Address Labels, unless you initially ordered Return Address Labels along with your Christmas Address Labels, and are reordering both types of labels.
f. You must apply the coupon code during the promotional period, which is indicated on your receipt. Coupon cannot be applied outside of this promotional period.
g. Maximum one use per household per calendar year.
h. Cannot be combined with other promotional offers or coupons. iTech Rewards Points and iTech Promotional Gift Cards cannot be applied to Label Design Wizard transactions.
i. iTech reserves the right to discontinue this promotion and suspend the use of this coupon code at anytime with or without notice.

4. Return Policy

If you are unhappy with your purchase for any reason, please contact us immediately to learn how we can address your concern, including mailing a set of updated labels or requesting a refund. All requests must be received within seven (7) calendar days of receiving your labels, and refunds will be issued in accordance with our Refund Policy below (Section XII, Part 5).

5. Refund Policy

We want you to be completely happy with your custom labels! So if anything isn’t as you expected, we offer a return policy for all products ordered through our Label Design Wizard. The following terms govern our Refund Policy:

1. If you entered one or more addresses correctly on our Label Design Wizard and the addresses were incorrectly spelled on a label, we will mail you a set of updated labels, free of charge.
2. If you entered one or more addresses incorrectly on our site and the labels were spelled incorrectly as a result, we can mail you a set of updated labels for an additional charge.
3. If the labels you receive match the selections you made on our site but you’d like to return your labels for another reason, simply contact us to return your labels. You will receive a refund, which is subject to a 15% return fee and/or a $1.00 deduction for each missing label.

 

XIII. Warranties and Liability

1. Disclaimer of Warranties

ALL MATERIALS AND SERVICES (INCLUDING THE ONES ON THIS SITE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

2. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

XIV. Other

1. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

2. Governing Law

This site (excluding any linked sites) is controlled by us from our offices within the New York, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing this site both of us agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of New York with respect to such matters.

3. Notices

All notices to a party shall be in writing and shall be made via email. Notices to us must be sent to the attention of Customer Service at info@itechli.com. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

4. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

5. Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

 

XV. Contact Information

1. Regarding the Terms of Service or Privacy Policy

Except as explicitly noted on this site, the services available through this site are offered by iTech. Our telephone number is (516) 216-9025. If you notice that any user is violating these Terms of Use, please contact us at tos@itechli.com.

2. Customer Support

Clients or visitors who have questions about iTech services or require assistance should visit our Customer Support page.