PC AssistCrew Logo by Uniblue

Terms of Use

Last Updated: 01/06/2016

Introduction

These Terms of Use “the Terms” govern your use of the website www.pcassistcrew.com "the Site" and the technical support services provided by computer, hereinafter the "Services", provided under the "PC AssistCrew" brand name operated by Uniblue Systems limited, ' "We" , "Our", or "Us" '. By accessing or using the Services online via the Site, You agree to these Terns of Use and our Privacy and Cookies Policy located at www.pcassistcrew.com/privacy/. If You do not agree to these Terms, You may not access or use the Services or permit others to do so on your behalf.

'Uniblue Systems Limited' is a limited liability company registered in Malta under company registration number C32567 with its registered office at Orange Point, Floors 2/3, Dun Karm Street, B’Kara, Birkirkara By Pass, Birkirkara, Malta BKR 9037.

Scope of Services

You may initiate the Services via the Site, by using a live chat feature available on the Site. Access to the Internet is required to receive such Services. A Broadband Internet connection must be in place in order for PC AssistCrew to deliver the Services. You are solely responsible for providing a broadband Internet connection and access to Your PC. Any interruption or disconnection to the Internet may limit Your ability to receive the Services.

PC AssistCrew will use commercially reasonable efforts to answer and resolve Your technical PC issues and resolve Your technical difficulties for a one-time fee as quoted during the live call with our PC AssistCrew customer support agents. PC AssistCrew may provide certain portions of the Services by utilising live call services via a third party software such as Google Hangouts, a remote access programme or live chat as necessary. Certain Services may have minimum system requirements.

PC AssistCrew Services consist in Services that are available on a one-time basis, for a fee (“Individual Services”); and do not involve any subscription Services, which are an entitlement to more than one Service over a period of time, for a recurring fee (“Subscription Services”).

Terms of Use

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

Authorization to Access Your Computer; Monitoring of the Services and live Calls

You acknowledge that by Your use of the Services You are authorizing PC AssistCrew to access and control Your computer or device (collectively “PC”) for the purposes of diagnosis, service and repair.

In connection with delivering the Services, PC AssistCrew uses a secure online remote support program, such as TeamViewer to take remote control of Your PC. By accepting these Terms, You hereby grant PC AssistCrew to diagnose and repair Your PC technical issues, and take remote control of Your PC. Other than as set forth in the warranty section below, You agree that PC AssistCrew has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the Services.

We may, monitor and record the Services, including live calls and online sessions for purposes of improving our customer service, internal training and internal market research. You hereby grant permission to PC AssistCrew to monitor and record the Services including live calls and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to You and Our Users; to protect ourselves and/or Our Users; and to enhance the types of Services We may provide to You in the future. You also grant PC AssistCrew permission to combine Your information with that of others in a way that does not identify You or any individual personally to improve the Services, for training, for marketing and promotional purposes, and for other business purposes.

Data Backup

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ALL INFORMATION, DATA, TEXT OR OTHER MATERIALS (COLLECTIVELY “CUSTOMER DATA”) AND SOFTWARE STORED ON YOUR PC AND STORAGE MEDIA BEFORE ORDERING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT PC ASSISTCREW OR ITS REFERRAL PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF THE SERVICES.

PC ASSISTCREW DOES NOT PROVIDE SEPARATE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE TO CUSTOMERS. PLEASE ENSURE THAT YOU HAVE A LICENSED COPY OF ALL NECESSARY SOFTWARE.

Limited Warranty

The Services may not be successful because the problem may be beyond Our ability to resolve remotely. If You have purchased an Individual Service from PC AssistCrew, then the following warranty applies: if We are not able to answer Your question or resolve Your PC technical issue during the first live call You will receive a refund for the one-time fee You paid. If You experience a problem with the resolution already provided by PC AssistCrew within the first 24 hours from the first live call, we will use commercially reasonable efforts to try to resolve Your problem at no additional charge. If those efforts are unsuccessful, We will refund the one-time fee that You paid for the Services.

As set forth below, there are no other warranties for the Services.

DISCLAIMER OF OTHER WARRANTIES

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

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

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE AND UNDER NO LEGAL THEORY/INSTITUTE, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL UNIBLUE OR ITS SUPPLIERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY BENEFICIARY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DAMAGE FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, COMPUTER FAILURE OR MALFUNCTION AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, OR IN ANY WAY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SERVICES, SOFTWARE, CONTENT OR YOUR PC AND OTHER TECHNOLOGY EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, AND EVEN IF UNIBLUE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL LIABILITY OF PC ASSISTCREW OR ITS SUPPLIERS, TO YOU IN THE AGGREGATE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SERVICES, SOFTWARE OR CONTENT EXCEED THE AMOUNT PAID FOR THE SERVICES USED.

Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations might not apply to You.

Use of Software and Tools

PC AssistCrew uses a secure online remote support programme to be able to gain remote access of your PC in order to diagnose and resolve your PC technical issue by remotely controlling Your PC and executing the resolution. Should the resolution require, the download of any further third party software, You will be informed during the live chat/ call, and you will first give your prior consent to such download, before any download is commenced. In all cases our support agents, will require You to perform any required software download and install, and only with your express consent, our support agents will carry out the download and install themselves.

You acknowledge and agree that use of all third party software and tools accessed, downloaded or otherwise provided or made available with the Services (collectively “Software”) are subject to the license agreements that may appear or be referenced when You access or download the Software. You may not access, download or use any Software without agreeing to the terms and conditions of the license agreements without modification.

Open Source Software

The Services may be provided with the use of 'open source' software licenses ('Open Source Software'). To the extent required by the license that accompanies the Open Source Software, the terms of such license will apply in lieu of the terms of these Terms with respect to such Open Source Software. Any Open Source Software is provided “AS IS” and without any warranty of any kind.

Customer Responsibilities

You must cooperate with PC AssistCrew and promptly respond to Our questions for PC related information and comply with Our requests to take actions to resolve Your PC technical problem. In order to help resolve Your technical issue, You may be required to consent to the downloading and use of Software on Your PC and accept all applicable license agreements for the Software.

Fees and Payment

The applicable fees for the Services are quoted during the live call and/or may be available on the Site. The fee for the Services will be charged via PayPal and no credit card details are required during the provision of the Services. This is the only payment method to be used for the Services, and PC AssistCrew will not make any further requests for payment via any other method, such as phonecalls/ email or calls.

Service Availability and Limitations

The Services may not always be available in Your time zone, geographic location and language. Further the Services may not always be available due to system maintenance or Internet service disruptions.

Use of the Services

Your use of the Services is only for Your personal purposes on Your PC, and not for commercial use, including resale or transfer to others. You may not sell, lease or rent access to or use of the Services. You may not allow manufacturers, suppliers or vendors of Your PC or providers of services relating to such PC, to access or use the Services.

You may not use, download or copy any information, data, text, photographs, graphics, video, or other materials provided or which are available with the Services (“Content”) unless: (1) You use the Content solely for personal, informational and non-commercial purposes;

All Content shown on the Site (including its organization and presentation) is owned by Uniblue or licensed from third parties and subject to copyright and other Intellectual Property Rights. You may retrieve and display Content from the Website on a computer screen, print individual pages and store such pages in electronic form on disk excluding any storage device connected to a network, strictly for Your own personal, non-commercial use. All other usage is precluded unless Uniblue's prior written consent is obtained. All other intellectual property that appears on the Site and is not owned by Uniblue is the property of its respective owner, who may or may not be affiliated with, connected to, or sponsored by Uniblue.

The rights granted to You in connection with the Services constitute a license and not a transfer of title. PC AssistCrew reserves the right to revoke the authorization to view, download and print the Content available on the Site at any time, and any such use shall be discontinued immediately upon notice from PC AssistCrew. Except as expressly provided herein, You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Content from the Services in whole or in part without the prior written permission of PC AssistCrew. Any rights not expressly granted herein are reserved by PC AssistCrew.

Restrictions

You shall not: (a) “mirror” any Content on the Site on any other server without PC AssistCrew ’s prior express written permission, (b) use the Service for any illegal purpose, (c) misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of PC Assist Crew or its customers or its suppliers, including but not limited to interfering with or otherwise disrupting networks connected to the Service, (d) engage in any activities or actions in connection with the Services that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information, (e) engage in any activities that violate the personal privacy or publicity rights of others; (f) access, monitor or use data, traffic, computers, systems, facilities or networks provided with or accessible from the Services, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (g) send unsolicited commercial messages, advertising, informational announcements or communications in any form (“SPAM”) in connection with the Services; or (h) interfere with the Services or any system, service, network, or person accessible from the Services, including without limitation deliberate attempts to overload a system.

Modifications to the Services

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

Personal Information

Any personal information we collect from You is processed in accordance with PC AssistCrew's Privacy and Cookies Policy: www.pcassistcrew.com/privacy/

Feedback

If You choose to communicate to PC AssistCrew any feedback, ideas or suggestions for improvement of the Site or the Services offered by PC AssistCrew ("Feedback"), PC AssistCrew shall have the right to freely use, modify, share, distribute and communicate such Feedback for any and all commercial and/or non-commercial purposes, without charge and free of any obligation of attribution. You warrant that any such Feedback you elect to communicate to PC AssistCrew is not subject to any license or any other third party right.

You acknowledge that You are responsible for the feedback that You provide, and that You have full responsibility for the feedback, including their legality, reliability, appropriateness, originality and copyright.

Proprietary Rights

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

Trademark Information

PC AssistCrew, the PC AssistCrew logo, the Site, and all Our other service names, product names, slogans, and related logos are trademarks of Uniblue. You are not permitted to use these trademarks, or any other Uniblue trademarks, without the prior written consent of Uniblue. All other trademarks, product names, trade names, and logos used within these pages are the property of their respective holders. Use of other company trademarks, trade names, product names and logos or images of the same does not necessarily constitute: (1) an endorsement by such company of PC AssistCrew and its services, and (2) an endorsement of the company or its products by PC AssistCrew.

Termination

PC ASSISTCREW RESERVES THE RIGHT TO CEASE PROVIDING THE SERVICES FOR ANY REASON AT ANY TIME. PC ASSISTCREW WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR TERMINATION OF THE SERVICES FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT UPON TERMINATION PC ASSISTCREW MAY IMMEDIATELY DELETE ANY OF YOUR INFORMATION OR PERSONAL INFORMATION WHICH IT MAY HAVE COLLECTED WHEN PROVIDING THE SERVICES.

Informal Dispute Resolution

If a dispute arises between You and PC AssistCrew, You should first attempt to resolve it by contacting Us by sending the details of Your complaint, including Your contact information for a response to: info@pcassistcrew.com We will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt.

Binding Arbitration

IF YOU ARE A UNITED STATES CITIZEN, YOU AGREE TO ARBITRATE DISPUTES WITH UNIBLUE AS FOLLOWS:

A. Purpose.
If You have a Dispute (as defined below) with Uniblue that cannot be resolved through an informal dispute resolution with Uniblue, You or Uniblue may elect to arbitrate that Dispute in accordance with the terms of this Arbitration Provision rather than litigate the Dispute in court. Arbitration means You will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury.

B. Definitions.
The term “Dispute” means any dispute, claim, or controversy between You and Uniblue regarding any aspect of Your relationship with Uniblue, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional or non-intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Provision. “Dispute” is to be given the broadest possible meaning that will be enforced. As used in this Arbitration Provision, “Uniblue” means Uniblue and its parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents.

C. Right to Opt Out.
IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY UNIBLUE IN WRITING WITHIN 30 DAYS OF THE DATE OF USING THE SERVICES BY EMAILING US ON info@pcassistcrew.com YOUR WRITTEN NOTIFICATION TO UNIBLUE MUST INCLUDE YOUR NAME, ADDRESS AND UNIBLUE SERVICE PURCHASED AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH UNIBLUE THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH UNIBLUE OR THE DELIVERY OF SERVICES TO YOU BY UNIBLUE.

D. Initiation of Arbitration Proceeding/Selection of Arbitrator.
If You or Uniblue elect to resolve Your Dispute through arbitration pursuant to this Arbitration Provision, the party initiating the arbitration proceeding may open a case with the American Arbitration Association - Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, 877-495-4185, www.adr.org under the Commercial Arbitration Rules of the AAA.

E. Arbitration Procedures:

1. Because the License(s), and/or service(s) provided to You by Uniblue concern interstate and/or international commerce, the Federal Arbitration Act (“FAA”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where You receive the service from Uniblue may apply to and govern the substance of any Disputes if for any reason the Choice of Law Provision of this Agreement does not apply. No state statute pertaining to arbitration shall be applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization chosen, this Arbitration Provision shall govern. If AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve Your dispute with Uniblue. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. If there is a conflict between this Arbitration Provision and the rest of the Agreement with Uniblue, this Arbitration Provision shall govern.

2. A single arbitrator will resolve the Dispute. The Arbitrator shall also have the sole authority to determine whether a Dispute is subject to arbitration in accordance with this Arbitration Provision. You should know that participating in arbitration may result in limited discovery depending on the rules of the arbitration organization that is chosen to resolve the Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.

3. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.

4. If an award granted by the arbitrator exceeds $25,000, either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.


F. Restrictions:
1. YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.

2. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER UNIBLUE CUSTOMERS, OR OTHER PERSONS SIMILARLY SITUATED.


G. Location of Arbitration.
The arbitration will take place at a location convenient to You in the area where You purchased the Service.

H. Payment of Arbitration Fees and Costs.
UNIBLUE WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, FEES FOR ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN UNIBLUE’S FAVOR, YOU SHALL REIMBURSE UNIBLUE FOR THE FEES AND COSTS ADVANCED TO YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE UNIBLUE FOR ANY OF THE FEES AND COSTS ADVANCED BY UNIBLUE. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, UNIBLUE WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.

I. Severability.
If any clause within this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision, and the remainder of this Arbitration Provision will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Arbitration Provision will be unenforceable, and the dispute will be decided by a court. In the event this entire Arbitration Provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this Arbitration Provision, You and Uniblue have each agreed to waive, to the fullest extent allowed by law, any trial by jury.

J. Exclusions from Arbitration.
YOU AND UNIBLUE AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY CLAIM FILED BY YOU OR BY UNIBLUE THAT IS NOT AGGREGATED WITH THE CLAIM OF ANY OTHER CUSTOMER AND WHOSE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS; (2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS; AND (3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF PRODUCTS OR SERVICE.

K. Continuation.
This Arbitration Provision shall survive the termination of Your Agreement and/or Service(s) with Uniblue.

Miscellaneous

These Terms together with the Privacy and Cookies Policy and any applicable license agreements constitute the entire agreement between You and PC AssistCrew and govern Your use of the Services and Website, superseding any prior or contemporaneous agreements between You and PC AssistCrew. You acknowledge that You have read these Terms, understand them and agree to be bound by them. By Your continued use of the Website and Services, You affirm Your willingness to be bound by these Terms so if You do not agree with any of these Terms and Privacy Policy You should exit the Site, delete or destroy all Content and User Material which You have in Your possession and refrain from accessing this Site in the future.

The failure of PC AssistCrew to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Failure to comply to these Terms may lead to action being taken against You. Nothing in this Agreement will be deemed to confer any third-party rights or benefits

If any part of these Terms is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these Terms will not be affected. These Terms are governed by the laws of Malta, and subject to the non-exclusive jurisdiction of the Maltese Courts. PC AssistCrew shall retain the right, at its option and for its exclusive benefit, to institute proceedings regarding or relating to your use of the Website in the courts of the country in which You reside.

You may not assign the Terms or any of Your rights or obligations under the Terms without PC AssistCrew express written consent. The Terms inure to the benefit of PC AssistCrew’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

PC AssistCrew may amend these Terms of Use, and any guidelines, rules and policies from time to time, and You agree to be bound by such amendments. Continued access to this Website will constitute Your acceptance of any changes to the Terms, so it is Your responsibility to review these Terms on accessing the Website. Each version of these Terms will be identified at the top of the page by its effective date. If You do not agree to any modification to these Terms, You must immediately stop using this Site and Services. Terms amendments shall not apply retrospectively to pre-existing disputes.


V. 01.06.2016