SUBSCRIBER AGREEMENT
Comodo livePCsupport
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THE AGREEMENT
CAREFULLY BEFORE ACCEPTING IT. IMPORTANT—PLEASE READ THIS AGREEMENT CAREFULLY
BEFORE SUBSCRIBING TO OR USING COMODO’S LIVEPCSUPPORT SERVICES (“SERVICES”).
BY SUBSCRIBING TO OR USING THE SERVICES OR BY CLICKING ON “I ACCEPT” BELOW,
YOU ACKNOWLEDGE THAT
1) YOU HAVE READ THIS AGREEMENT,
2) YOU UNDERSTAND IT,
3) YOU AGREE TO THE TERMS HEREIN.
IF YOU DO NOT AGREE TO THE TERMS HEREIN, DO NOT SUBSCRIBE TO OR USE THE SERVICES
AND CLICK “DECLINE” BELOW. THE SERVICES ARE FOR A LIMITED TIME ONLY AND EXPIRE
WITHOUT NOTICE.
This end-user license agreement is a legal contract between you, as either an individual
or as a business entity, and Comodo Security Solutions, Inc. (“Comodo”), a Delaware
corporation. This agreement governs your use of the Services. In exchange for use
of the Services, you agree as follows:
1.General
1.1.Scope.
Comodo’s livePCsupport services are Comodo’s paid-for chat-based support services
as described on the Comodo website. The specific scope of the Services is
in Comodo’s sole discretion and may change without notice.
1.2.Access.
The Services are provided only via Internet chat and remote desktop sharing.
Access to the Internet is required to receive the Services, and you are responsible
for providing and maintaining your Internet connection. A high speed Internet
connection is highly recommended in order to avoid delays or problems with the
Services. Services are provided only after you contact Comodo’s support personnel
using the software distributed with the Services. You warrant that use of the
Services complies with all applicable computer and network policies. Prior
to receiving the Services, you must have administrator rights to the computer,
have a back-up of all data on the computer, and provide Comodo with correct
and accurate information.
1.3.Authorization.
You authorize Comodo to access your computers and delete the files that Comodo
deems unnecessary to your computers’ operation. You grant Comodo express permission
to alter the registry of any computer receiving the Services and to install,
configure, and use additional software on your computers as Comodo sees fit.
1.4.Assistance. You shall assist Comodo as reasonably requested by Comodo in
diagnosing the computer and providing the Services. Your failure to cooperate
with the Comodo representative constitutes a breach of this agreement.
The Comodo representative has sole discretion over any instructions and steps
taken in providing the Services.
1.5.Additional Software. T
he Comodo support representative may need to download, run, or use software on your
computer to assist in diagnosing and resolving computer problems. Such software
may include toolbars, utilities, and other tools that allow Comodo to improve
computer performance and solve technical problems (collectively, the Diagnostic Software”).
The use of all Diagnostic Software is subject to the license agreements associated
with the Diagnostic Software. You shall accept and comply with all such license agreements.
2.Limitations
2.1.Scope.
The scope and extent of the Services are limited to the options selected by you
when registering for the Services. Comodo performs the Services in any manner
it sees fit. The Services are subject to change without notice. The Services do not
cover restoration services, repair services, lost or expected profits, lost or corrupted
data, lost or deleted work, or lost or damaged personal files. Comodo does not guarantee
against the loss of any file, information, or data. Unless your subscription to the
services states otherwise, you are solely responsible for backing up and safely storing
its data, information, and files. You shall
(1) obtain and pay for all equipment and third-party services required to use
and receive the Services and
(2) be responsible for all content on both your computer and network.
2.2.One Site Services.
Any services provided onsite are provided solely by a third party and not by Comodo itself.
You waive all liability against Comodo for any on site Services and acknowledge that
Comodo does not guarantee any on site services performed.
2.3.Quality of Services.
Comodo provides all Services using commercially reasonable efforts.
Comodo does not represent that that commercially reasonable efforts will
optimally configure a network or provide you with any significant energy savings.
2.4.Compliance with Laws.
You shall comply with all laws, regulations, and other restrictions when using
the Services. You may not use the Software to
1) engage in conduct that is offensive, abusive, contrary to public morality,
indecent, defamatory, obscene, or menacing,
2) cause Comodo or a third party distress, annoyance, denial of any service,
disruption or inconvenience, or
3) send or receive unsolicited bulk correspondence.
3.Ownership.
Comodo shall retain ownership at all times over the Services, including all ownership
in the Software and any other intellectual property accompanying the Services.
You may not use the Comodo name, brand, trademarks, service marks, logos, or any
other intellectual property in any way except with Comodo’s prior written consent.
Consent is provided to use the Services in accordance with the documentation
provided by Comodo.
4.Promotions
4.1.Terms.
Comodo occasionally offers promotions and special offers ("Promotion") such as
free trials. Comodo may terminate the Promotion at any time. If you subscribe
to the Services during a Promotion, you agree to be bound by the terms and
conditions of the Promotion as set forth on the advertisement or web page of
the Promotion.
4.2.Credit Card Required.
When subscribing to Promotions, including free trials, Comodo may require you
to enter payment information, such as a credit card number. At the end of a trial
period, Comodo may automatically charge the entered payment information for the
Services unless Comodo is notified by email, through the email address provided
during your registration for the Services, of your cancellation of the Services.
Annual subscriptions expire one-year from the end if the trial period.
Comodo is not obligated to provide notice to you of a trial period’s expiration
or before your credit card is billed for the Services. You are solely responsible
for ensuring that you unsubscribe from any unwanted Services prior the end of the
Promotion. No refunds shall be given for a failure to cancel the Services.
All Promotions are limited to one per customer. Comodo reserves the right to deny
or revoke a subscription to a Promotion for any reason.
5.Payment.
5.1.Fees.
You may use the Services only after paying Comodo any applicable fees for the Services.
All fees are posted on the Comodo website and are subject to change without notice.
Comodo may deactivate or disable the Services without notice if you fail to pay
the applicable fees. All fees are non-refundable.
5.2.Method of Payment.
You shall pay all fees in advance using a credit card. Comodo may charge any
fees incurred while using the Services (such as renewal fees) to the provided
credit card without further notice. If Comodo is unable to bill the credit card
provided, Comodo may make the Services inaccessible to you until payment is received.
5.3.Billing Issues.
You shall notify Comodo of any billing problems or disputes within 30 days after
the charge first appears on a statement from the credit card provider.
You waive your right to dispute any billing problem if you fail to notify
Comodo within the 30 day period.
6.Term and Termination
6.1.Term.
Unless terminated as allowed under this section, this agreement continues for as
long as you continue to pay the applicable fees for the Services. Comodo may
terminate this agreement without notice if you fail to pay any applicable fees.
6.2.Consumer Services. Subscription-based consumer-based services have a subscription
period of one year from the date that you register for the Services. Single-use
services expire after you or the Comodo representative terminates the support session.
6.3.Business Services.
Services for business are billed monthly. You may cancel at any time by sending
notice of the cancellation to Comodo.
6.4.Voluntary Termination.
You may terminate this agreement by uninstalling the software accompanying the
Services and contacting support@comodo.com. In this case, the agreement terminates
upon Comodo’s receipt of the email.
6.5.Involuntary Termination.
Comodo may terminate this agreement without notice by disabling your account or
access to the Services. Comodo may disable your account or deny access to the
Services at any time.
6.6.Events Upon Termination.
Upon termination, you shall cease using the Services and delete all copies of the
related Software. Comodo shall not bill you any additional fees but is not
obligated to provide refunds for any paid for but unused Services.
7.Warranty Disclaimers and Limitations on Liability
7.1.Internet.
You acknowledge that the Services are subject to the operation and telecommunications
infrastructures of the Internet and that the operation of your Internet connection
services, all of which are beyond Comodo’s control.
7.2.Warranty Disclaimer; Assumption of Risk.
YOU AKNOWLEDGE THAT COMODO PROVIDES THE SERVICES “AS IS” AND “AS AVAILABLE”.
COMODO EXPRESSLY DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES IN THE SERVICES
AND RELATED SOFTWARE. THIS DISCLAIMER INCLUDES ALL WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND IS EFFECTIVE TO THE MAXIMUM
EXTENT ALLOWED BY LAW. COMODO DOES NOT GUARANTEE THAT
1) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR
2) THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU BEAR THE ENTIRE RISK AS TO THE QUALITY OF THE SERVICES.
7.3.Damage Limitation.
YOU WAIVE ALL LIABILITY OF COMODO AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS,
DIRECTORS, PARTNERS, EMPLOYEES, AND CONTRACTORS, RESULTING FROM OR CONNECTED TO
THIS AGREEMENT. YOU WAIVE ALL LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THIS WAIVER INCLUDES ALL DAMAGES FOR LOST PROFITS, REVENUE,
USE, OR DATA AND APPLIES EVEN IF COMODO IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
These limitations apply to the maximum extent permitted by law regardless of
1) the reason for or nature of the liability, including tort claims,
2) the number of claims,
3) the extent or nature of the damages, and
4) whether any other provisions of this agreement have been breached or proven ineffective.
7.4.Exceptions.
If any legal right disallows an exclusion of warranties or disallows limiting
certain damages, then the disclaimers of warranty and limitations on liability
herein apply only to the maximum extent allowed by law.
8.Remedy
8.1.Limitation on Actions.
Except for actions and claims related to a party’s indemnification and confidentiality
obligations, all claims and actions arising from this agreement must be brought within
one (1) year from the date when the cause of action occurred.
8.2.Remedy.
Your sole remedy for a defect in the Software is to have Comodo attempt to cure the defect.
Comodo is not obligated to correct a defect if
(i) the Software was misused, damaged, or modified,
(ii) you did not promptly report the defect to Comodo, or
(iii) you have breached any provision of this agreement.
9.Privacy
9.1.Privacy Policy.
Comodo shall follow the privacy policy posted at http://www.comodo.com/repository/privacy-policy.php
when using collected personal information. Comodo may revise its privacy policy without notice
by posting the amended privacy policy on the Comodo website. You shall periodically review
the website to be aware of changes.
9.2.Communication.
Comodo may send you communications regarding your account, the Services, or its
other products and services. By accepting this agreement, you consent to receiving
marketing material from Comodo and its affiliates. You may withdraw this consent
later and opt-out of receiving communication not directly related to the Services
by emailing optout@comodo.com.
9.3.Data Collection.
Comodo may collect any information necessary to ensure your compliance with this agreement.
Comodo may also collect non-personally identifiable information about your use of the
Services, which Comodo may use without restriction. Comodo may monitor and record
the Services, including any online sessions. These recordings are primarily for
improving customer service, internal training, and internal market research. Comodo
may disclose these recordings and any other information to satisfy any law, regulation
or other governmental request, to operate the Services properly, or to protect ourselves
and/or Comodo’s customers.
10.Arbitration.
To the extent permitted by law, you shall notify Comodo of any dispute arising under
this agreement before seeking dispute resolution. If dispute is not resolved within
sixty (60) days after initial notice, then a party may proceed as follows:
10.1.The parties shall resolve the dispute by arbitration conducted through the
services of the American Arbitration Association (“AAA”). The party initiating
the arbitration shall send notice to the other party. All arbitration hearings
will be in Jersey City, New Jersey.
10.2.The parties shall appoint a panel of three possible arbitrators to hear the
matter and then each party shall name one Arbitrator to be dropped from the panel,
leaving one arbitrator. The party giving notice of the arbitration shall select
the first dropped arbitrator.
10.3.The parties shall split the costs of the arbitrator equally regardless
of the final decision. The party found in default of this agreement by the arbitrator
shall pay all costs of the other party that are incurred in enforcing its rights
under this agreement (including attorney’s fees).
11.Miscellaneous
11.1.Independent Contractors.
The parties are acting as independent contactors and not as agents or employees
of each other. Nether party has the power to bind or obligate the other, and each
party is responsible for its own expenses and employees.
11.2.Notices.
You shall send all notices to Comodo by first class mail, return receipt requested,
in English writing to 525 Washington Blvd., Suite 1400, Jersey City, NJ 07310.
Comodo shall send all notices to the email address listed in your account.
11.3.Entire Agreement.
With respect to the Software, this agreement is the entire understanding of the
parties and supersedes all other agreements that may exist between the parties.
The parties may execute one or more counterparts of the agreement, each of which
will be deemed an original copy of the agreement. Section headings in this agreement
are for reference and convenience only and are not part of the interpretation of the agreement.
11.4.Modifications.
Comodo may modify this agreement by posting an updated copy of the agreement on
its website. Comodo may also amend its website and pricing without notice.
You may not modify this agreement unless the modification is signed by Comodo.
Comodo may modify, supplement, or discontinue the Software, in whole or in part,
without notice.
11.5.Waiver.
A party’s failure to enforce a provision of this agreement will not waive the party’s
right to enforce the same provision later or right to enforce any other provision
of this agreement. To be effective, all waivers must be both in writing and signed
by the party benefiting form the waived provision.
11.6.Force Majeure and Internet Frailties.
Other than for payment obligations by you, neither party will be liable for a delay
or failure to perform an obligation to the extent that the delay or failure is caused
by an occurrence beyond the party's reasonable control. Each party acknowledges that
the operation of the Internet is beyond the other party’s reasonable control,
and neither party will be liable for a delay or failure caused by an interruption
or failure of telecommunication or digital transmission links, Internet slow-downs
or failures, or other such transmission failure.
11.7.Governing Law and Venue.
The laws of New Jersey govern the interpretation, construction, and enforcement
of this agreement and all proceedings arising out of it, including tort claims,
without regard to any conflicts of law principles. All proceedings or legal action
arising from this agreement must be commenced in the state or federal courts of New Jersey.
Both parties agree to the exclusive venue and jurisdiction of these courts.
11.8.Assignment.
You may not assign any of your rights or obligations under this agreement.
Any transfer without consent is void. Comodo may assign its rights and
obligations without your consent.
11.9.Severability.
Any provision determined invalid or unenforceable by rule of law will be reformed
to the minimum extent necessary to make the provision valid and enforceable.
If reformation is not possible, the provision is deemed omitted and the balance
of the agreement remains valid and enforceable.
11.10.Survival.
All provisions of the agreement relating to confidentiality, proprietary rights,
indemnification, and limitations of liability survive the termination of the agreement.
11.11.Rights of Third Parties.
There are no third party beneficiaries under the agreement.
12.Acceptance
BY CLICKING “I ACCEPT”, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT.
DO NOT CLICK THE “I ACCEPT” BUTTON IF YOU DO NOT ACCEPT THIS AGREEMENT.
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