Using the Services of Metro Nerds (“Service Provider”) constitutes Agreement to the Terms and Conditions described herein. It is important that you return to this Agreement periodically to check for changes to the Terms and Conditions of this Agreement. You (“the User”) are responsible for reviewing this Agreement to Terms and Conditions and for reviewing changes to this Agreement to Terms and Conditions. Using our service after a change becomes effective constitutes Agreement to the Terms and Conditions as revised.
Agreement to Terms and Conditions
You (“the User”) are entering into a legal agreement with Metro Nerds (“Service Provider”) by using the Service (“the Service”) of Metro Nerds and You expressly accept this Agreement to the Terms and Conditions with full knowledge and awareness of the binding and legal nature of this Agreement. This Agreement sets forth conditions under which You agree to use the Service and under which Metro Nerds agrees to provide the Service to You.
By entering into this Agreement to Terms and Conditions You are legally obligated to supply Metro Nerds with accurate, complete, current and transparent information. You acknowledge, understand and agree that providing false, incorrect or misleading information violates this Agreement, impairs the Service of Metro Nerds and may adversely affect Metro Nerds as an entity. In such situations, Metro Nerds is entitled to seek relief and/or damages under law.
You specifically stipulate that You (“the User”) are authorized to execute and enter into such an Agreement to Terms and Conditions as an Individual (Adult/Guardian/with legal capacity), or as an authorized representative of an organization, business or entity, in the capacity of an Authorized Signer (empowered to encumber) of an organization, business or entity.
You further stipulate that You are solely and exclusively responsible for all usage of your Metro Nerds account, including additional accounts registered in association with your primary account. You accept sole legal responsibility for any usage of your Metro Nerds account, by anyone, who secures Service from Metro Nerds with or without your knowledge or permission.
If you enter into this Agreement as ‘another Individual’, ‘employee’, ‘contractor’, or person similarly aligned with an organization, business or entity without the legal capacity of Authorized Signer, it is an act of Fraudulent Misrepresentation and Metro Nerds bares no responsibility for any consequences, damages, (anything at all) to ‘another Individual’, organization, business or entity, whatsoever. Furthermore, Metro Nerds is entitled to seek damages from You for lost opportunity, loss of profit, and any other consequence to Metro Nerds, and Metro Nerds the entity, for which a legal remedy is available.
You attest that you are not a citizen of an embargoed country and that You are not prohibited from entering into this Agreement to Terms and Conditions on the basis of applicable U.S. export and/or Anti-Terrorism laws, regulations, or lists or any other similar such legal restriction. You understand and agree that use of the Service of Metro Nerds is subject to US export control laws and regulations and You are legally responsible for compliance with such controls and regulations. You stipulate that you will comply with all applicable laws and regulations, including International law, in connection with the Service offered by Metro Nerds. If You commit an offense in violation of such controls or regulations, in addition to the penalties associated with such an offense, to the extent that such offense impairs the Service of Metro Nerds and/or Metro Nerds the entity, Metro Nerds will seek damages and pursue all available legal remedies to compensate for same.
When you contact our call center you will be connected to a technical support specialist. The specialist will address the computer, network, printer, email, scanner, digital camera, mp3 or other electronic device problems you may have, including software enhancements, virus detection/removal, anti-virus software, anti-spyware and a host of other technical difficulties that You may seek the Service of technical support to resolve.
When technical support is aligned with your call You will interact through our website. Remote on-line technical support provides the Service. You will discuss the technical difficulty that you would like to resolve with the technical support specialist and then connect via our secure 128-bit SSL and AES encryption. Each session is secure, initiated at your request, and enables you ‘watch’ technical support ‘work’ right on your screen. Once Service has been provided You will be able to watch technical support terminate the connection with your computer and peripherals. You may, however, exercise the option of maintaining a plug-in in-place for future sessions. The choice is yours. You may only use the Service of Metro Nerds during the remote on-line session or telephone session requested by You. You must initiate a subsequent request for the Service of Metro Nerds.
Any information, software licenses received, or insights gained into the means by which Metro Nerds provides the Service cannot be re-sold by You. You acknowledge that you may not time-share the Service, use it as a virtual support center (as determined by Metro Nerds), or otherwise directly generate income from the Service. You stipulate that You will not make derivative works of the Service provided by Metro Nerds, decompile, reverse engineer, disassemble the website or engage in similar activities that affect the Service or any components of Metro Nerds and/or Metro Nerds the entity.
If resolving the difficulty that You sought the Service for requires downloading software, accessing Internet resources through various portals or websites, technical support will offer you some suggestions but you will ultimately determine what you authorize or allow.
As part of the Service, Metro Nerds may suggest that you license software from third parties, or if appropriate license Metro Nerds proprietary software, and it is your responsibility to comply with all licensing and regulatory requirements associated with the same. You further understand and acknowledge that any software, materials or resources you acquire and/or install (or un-install) as part of the Service provided by Metro Nerds may not function properly and/or cease to operate at any time. If You link to a web site that is provided for your convenience during the Service, You acknowledge, agree and accept that the links provided/used are maintained by their respective organization, entity or business and that organization, entity or business is responsible for any and all content and/or consequences related to the use of those links/websites. In any event, other than Metro Nerds proprietary software, Metro Nerds does not represent, warrant or guarantee the reliability of any product that you choose to license or use at any time during, after, or prior to the Service.
Metro Nerds may from time to time be unable to provide the Service. Examples that may render service temporarily unavailable include: catastrophic events, electrical power outages, website maintenance, virus anti-virus activity, difficulty with Internet access that is beyond the control of Metro Nerds and other reasonable instances.
Metro Nerds may temporarily suspend an account belonging to/associated with You if concerns arise regarding the use, or nature of usage, of your account. Metro Nerds reserves the right to refuse service and terminate or refuse a renewal request belonging to/associated with You on reasonable grounds.
Metro Nerds recommends that You establish and/or maintain a separate resource, a means external to your computer (with associated peripherals), for the reconstruction of any data, software or systems of value to You before seeking the service.
Fees, Charges and Accounts
Billing for remote on-line Services and telephone call center support may include activation fees, set up fees, installation fees, additional fees for additional services requested during the course of a remote or telephone session, taxes, recurring and/or non-recurring fees based on the Service that you request. You are responsible for all telephone communication fees, access fees, and any other fee associated with the manner in which You choose to communicate to obtain the Service.
You acknowledge that service is unique to your account. You may initiate a service request for a single PC (with associated peripherals) plus unspecified electronic devices, as long as they are uniquely identifiable under the account of You. You retain the right to change, enhance, or alter your Service request, if your account remains in good standing and your request is received and reciprocally acknowledged and acted upon or accepted by Metro Nerds. You agree and acknowledge that each initiation of a service request constitutes entry in to this Agreement to the Terms and Conditions. You at that time (and at all times) are contractually obligated to maintain an accurate representation of You as a qualified legal “Party” to this Agreement (i.e. a person legally authorized to enter into this Agreement).
Fees and charges for the Service you select are clearly presented to You during the ordering process. Any Time (“minutes of Service”) purchased and unused will remain in your account for that uniquely identifiable computer with associated peripherals. If you select a Time subscription plan (e.g. a package), Time accrues to your account monthly and un-used Time will roll over from month-to-month. Metro Nerds may modify, enhance and/or expand features or functionalities of the available services which may be offered to You and may do so under a different fee structure and at it its’ sole discretion.
You expressly agree that all of the financial, billing, credit card, debit card or method of payment information You provide to Metro Nerds is correct, current, and in good standing at all times.
In the event of non-payment, You acknowledge and agree that you are legally responsible for the amount due and all costs incurred by Metro Nerds to recover the amount due, including interest and/or penalty fees, administrative, third party agency, and/or legal fees and expenses. Metro Nerds reserves the right to assess a late fee of five percent (5%) – or the highest amount permitted by law – and to suspend or terminate Services.
Metro Nerds reserves the right to charge fees for the Service to a credit card, debit card and/or any method of payment provided by You for the Service rendered, up to eight weeks (8) following the Service.
The waiver of any fees or charges lies solely at the discretion of Metro Nerds. Metro Nerds reserves the right to decline to perform services on reasonable grounds.
Requirement for Prompt Notice of Potential Claim
Metro Nerds must receive prompt notice of any potential claim arising from the use of the Service so that an immediate inspection of the allegedly affected computer, peripheral or other object deemed harmed can be made.
Notify Metro Nerds immediately by mail, in writing, and in no case later than ten (10) business days after any defect or other basis for claim is discovered or should have been discovered:
321 E. Brokaw Road,San Jose, CA 95112
Any claims made for which Metro Nerds (“Service Provider”) does not receive such notice within ten (10) business days shall be barred.
Service – AS IS or AS AVAILABLE
You agree that your use of the Service, and the Internet, is at your own risk, your sole responsibility, and that you are in compliance with all local, State, Federal and International laws and regulations regarding use of the Internet and engaging in commerce by telephone and over the Internet. You agree and acknowledge that the Service provided by Metro Nerds is subject to the “As Is and/or As Available” section of this Agreement to Terms and Conditions and that Metro Nerds does not warranty, express or implied, the content, materials, links, software, diagnosis or solutions that it may suggest or recommend. Furthermore, Metro Nerds assumes no liability for your reliance on such materials; please review this information carefully before You proceed at your own risk.
Any and all services You request from Metro Nerds are provided on an “as is” basis. Access and availability of service are not guaranteed. For remote services we will attempt to qualify your Internet connection and you are responsible for the fee associate with this Service. It is your responsibility to ensure that you have adequate connectivity, bandwidth and systems to facilitate remote services.
Services that You select may not be available at all times and some computers may not be able to receive service in the format generally marketed – even if initial testing determines that your connection and computer (with associated peripherals) would qualify. Metro Nerds does not control or own the multifaceted communication channels through which service may be provided and, therefore, cannot guarantee access to websites, servers or content. Metro Nerds will make every reasonable attempt to provide the Service. If Metro Nerds is unable to resolve your computer, or associated peripheral, difficulty You hereby acknowledge that you understand that as an initial condition of the Service You are liable for fees and charges incurred during the attempt to provide the Service. Furthermore, You acknowledge that the Internet is not a secure network, for that reason Metro Nerds is not liable, and cannot be responsible for, the interception, corruption, security, validity of site destinations, or destruction of information communicated over the Internet.
You obtain “the Service” from Metro Nerds and accept any and all risk that may entail. No advice or technical support provided by Metro Nerds is intended to, or shall, create a warranty. Metro Nerds is not liable for any losses that you may incur, for example: loss of data, changes in operation systems/procedure or software configuration, that may negatively impact your computer (with associated peripherals) or render any of the equipment You sought Service for ineffective and/or obsolete. You agree that it is your sole and exclusive responsibility to assume the cost of any and all service, repair or replacement that you may seek. Metro Nerds does not and can not warranty the Internet or Services provided therein/there over. Metro Nerds cannot and will not accept responsibility for any equipment to which it does not hold title.
Warranties and Limitation of Liability
You acknowledge and agree that the Service supplied hereunder is provided on an “as is” or “as available” basis (with all faults) except as otherwise specifically set forth in this Agreement and/or specifically set forth in any manufacturer warranty for any equipment or software provided by a third party (but only if such warranty is included with such equipment or software). Metro Nerds and its officers, employees, agents, representatives, parent, subsidiaries and affiliates, its third party licensors, providers and suppliers, including global service providers, disclaim any and all warranties for the Service, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, accuracy, non-infringement, non-interference, title, compatibility of computer systems, integration, and those arising from course of dealing, course of trade, or arising under statute.
No advice or information given by Metro Nerds or its representatives shall create a warranty. Use of the Service of Metro Nerds is at the risk of You and is not warranted. Similarly, Metro Nerds does not warrant that the Service provided by Metro Nerds will perform at a particular speed, bandwidth or data throughput rate, or will be uninterrupted, error-free, secure, or free of viruses, worms, or the like. Metro Nerds shall not be liable for loss of data, and/or if changes in operation, procedures, or services require modification or alteration of the equipment of You, render the same obsolete or otherwise effect its performance. Metro Nerds makes no warranty regarding any transactions executed using the Service or the Internet. Metro Nerds makes no warranty regarding the content and information accessed by using the Service or any links displayed. You expressly assume all risk and responsibility for use of the Service and the Internet generally. Do not use the Service in any activities where damage or injury to person, property, environment, or business may result if an error occurs.
In no event shall Metro Nerds or its officers, employees, agents, representatives, parent, subsidiaries, or affiliates, its third party licensors, providers or suppliers, be liable for: any direct, indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the Service, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability (even if Metro Nerds has been advised of the possibility of such claim or damages, or any claims against You by any other party). All limitations and disclaimers stated in this paragraph also apply to Metro Nerds, Metro Nerds the entity, affinity partners, associates, third party licensors, providers and suppliers, as third party beneficiaries of this Agreement.
The remedies expressly set forth in this Agreement are sole and exclusive remedies available to You. You may have additional rights under certain laws (such as consumer laws), which do not allow or limit the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to You, our exclusions or limitations apply to You to the maximum extent allowed by applicable law. Furthermore, Metro Nerds reserves the right to pursue any and all legal and equitable claims against You pertaining to use or misuse of the Service by You and/or for breach of the Agreement (including any policies relating to the Service) by You.
If any terms or conditions of this Agreement are held to be unenforceable, all remaining terms shall remain in effect and fully enforceable.