Back

Service Guarantee

All of our services are backed up by our 100% satisfaction guarantee. We stand by this service guarantee and offer it because we are so confident that you will be completely satisfied with our friendly technical support team and the services we offer. What other company would offer you such a hassle-free, confident solution to your Macintosh and PC needs? Just let us know how we can help...   Realtime Support guarantees work on two levels:

• If we are unable to fix one of the problems, any time spent exclusively working on that specific problem will not be billed.

• If the specific problem you have us fix returns within 7 days, we will fix it FREE of charge. DO NOT TRY TO FIX YOUR SELF OR CALL A COMPETITOR! If you do, this will void our 7 day warranty policy.

Scheduling In-Home/Office Service

Standard service hours are Monday-Sunday, 9 am - 8 pm Pacific-Time. Additional charges may apply on holidays/holiday weekends, rapid response services or service outside of standard installation hours.

An Adult Must Be Present At Residences or Business: For on-site services, a person of at least 18 years of age must be present during the entire time period services are provided. IF THE REALTIME SUPPORT TECHNICTION ARRIVES AT THE SCHEDULED SERVICE TIME AND NO ADULT IS PRESENT, SERVICES MAY BE DENIED AND A $95.00 CANCELLATION CHARGE WILL BE ASSESSED.

Repair Services/Goods Keeping

When Customers authorize Realtime Support to perform repair and/or upgrade service on their computers systems, they should assume all liability and responsibility caused by any service. Customers should also understand the following may occur:  Any upgrade, repair and/or service may void the original manufacturer's warranty.

• Realtime Support is not responsible for any software issues.

• Realtime Support is responsible of keeping Client’s goods for maximum of 30 days. After 7 days of notification of completion of work, a $5 charge, per day will apply as a storage fee until computer / parts are picked up, this applies for a maximum of 60 days. Should the client not respond and take delivery of the goods, Realtime Support may dispose of the goods at no responsibility due to above after the 60 day storage period. This includes Hardware, Software and/or Data.

• If customer has a service, repair and /or upgrade balance due or is unpaid, the serviced computer(s) and/or parts shall become the property of Realtime Support after the 60 days unless balance and storage fees are paid in full.

• Realtime Support does not guarantee the integrity or validity of any data transfers. Customers should back up all the data which are stored in their computers before they are sent/released to Realtime Support for any service, see Data Backup.

Data Backup

Realtime Support does not assume any liability for your data. We do, however, offer data backup service at our hourly rates.

User Responsibility: It is your responsibility to back-up the data, software, information or other files stored on your computer disks and/or drives. Realtime Support shall not be responsible under any circumstance for any loss or corruption of data and/or software.

BACKUP YOUR SOFTWARE AND DATA: IT IS YOUR RESPONSIBILITY TO BACK UP ALL SOFTWARE AND DATA THAT IS STORED ON YOUR COMPUTER'S HARD DISK DRIVE(S) AND/OR ON ANY OTHER STORAGE DEVICES YOU MAY HAVE PRIOR TO THE ARRIVAL OF THE REALTIME SUPPORT SERVICE TECHNITION TO YOUR HOME OR BUSINESS. REALTIME SUPPORT SHALL NOT BE RESPONSIBLE AT ANY TIME FOR ANY LOSS, ALTERATION OR CORRUPTION OF ANY SOFTWARE, DATA OR FILES.

Back

Data Recovery

Terms and Conditions

Services Provided:
Customer engages Realtime Support and/or its partners or subcontractors to inspect, evaluate, and identify the problem (if not already identified); and/or retrieve, or minimize the damage to, the equipment/data/media; and/or provide other services as may be requested by Customer from time to time.

Independent Contractor:
Realtime Support states and affirms to Customer that it is an independent contractor. It shall have the direction and control of its employees in the provision of services to Customer. Nothing contained in this Agreement shall be construed so as to create a partnership between the Parties or to authorize either Party to act as a general agent of the other Party. Neither Party shall have any authority to make contracts, commitments, statements or representations on behalf of the other Party, except as set forth in this Agreement.

Compensation:
Realtime Support offers FREE Shipping by FedEx to our California, Long Beach location. If data is recovered and customer agrees to pay for recovery services, return shipping will be cover by Realtime Support as well. Should customer decline recovery services, customer agrees to pay return shipping costs, unless otherwise agreed to in advance by Realtime Support, all such sums are due and payable in advance, by cash, check, bank money order, or credit card.

Limitation of Liability:
Customer acknowledges that the equipment/data/media may be damaged prior to Realtime Support 's receipt, and Customer further acknowledges that the efforts of Realtime Support to complete the services may result in the destruction of or further damage to the equipment/data/media. Realtime Support regrets that it will not assume responsibility for additional damage that may occur to the Customer's equipment/data/media during Realtime Support 's efforts to complete the services.
In no event will Realtime Support be liable for any indirect damages whatsoever. Realtime Support will not be held liable for any damages due to any virus, worm, Trojan horse, etc. The total liability of Realtime Support to Customer under this Agreement shall in no event exceed the total sums paid by Customer to Realtime Support.

Confidentiality:
Realtime Support agrees, on its own behalf and on behalf of any agents it utilizes to perform Realtime Support 's responsibilities under this Agreement, that the materials and information which Customer provides to Realtime Support or to which Realtime Support gains access in the course of performing its responsibilities hereunder including, but not limited to, materials and information relating to software, hardware, technical and systems profiles, documents, records, programs, systems, data, disks, ideas, concepts, theories, designs, approaches, improvements, techniques, methodologies, methods, processes, formulae, procedures, ledgers, files, communications, technical requirements, names, addresses and other identifiers of individuals and business entities, financial information, insurance, and other know-how or information relating to Customer (collectively "Customer Information"), as between the Parties, are the property of Customer, and shall be used and viewed by Realtime Support only within the scope of its rights and responsibilities under this Agreement, and shall not be otherwise disclosed to third parties by Realtime Support or any of its agents without Customer's prior written approval. The confidentiality obligations set forth in this Section shall not apply to information and materials: (1) that are or subsequently become publicly available without Realtime Support 's breach of any duties it owes to Customer or the breach of any confidentiality obligations of any of Realtime Support 's agents or affiliates which are owed to Customer; (2) was know to Realtime Support prior to Customer's disclosure to Realtime Support, other than any information or materials obtained from any of Realtime Support 's agents or affiliates which are either subject to confidentiality obligations in favor of Customer from such agents or affiliates of Realtime Support or fail to fall with the exception categories (1), (2), (3), of (4) described herein; (3) become know to Realtime Support from a source other than Customer, other than by the breach of an obligation of confidentiality owed to Customer; or (4) is independently developed by Realtime Support without reference to or use of Customer Information.

Realtime Support agrees to use Customer Information only to provide services hereunder and not to use such information for any other purpose.

Realtime Support agrees to implement and maintain reasonable and customary security measures to safeguard Customer Information. Such measures shall include, but not be limited to, requiring employees who will have access to such information to agree to the confidentiality requirements of this Section.

Business entities, government entities and organizations whose data is successfully recovered by Realtime Support provide Realtime Support the right to use for promotional purposes their respective copyright protected logos and/or names. If any such business entity, government entity or organization does not wish to allow Realtime Support use their respective copyright protected logo and/or name for promotional purposes, Realtime Support will remove the copyright protected logo and/or name immediately upon request.

Parties acknowledge and agree that it may be necessary for Customer to share Customer Information with Realtime Support in order for Realtime Support to meet its obligations under this Agreement. With respect to the sharing, use, and protection of Customer Information, Realtime Support agrees to the following:

To hold in strict confidence Customer Information obtained from Customer during this Agreement. Not to disclose Customer Information, in any form or medium, to any affiliated or non-affiliated person, firm or corporation except as necessary to perform services under this Agreement or as may be required by law. To the extent that Realtime Support contracts with a third party that obtains Customer Information in order to provide services under this Agreement, Realtime Support agrees to obtain contractual confidentiality protections to require the third party to hold Customer Information in strict confidence and not disclose it to any person unless required by law. Realtime Support agrees to return all Customer Information to Customer either upon request or termination of this Agreement. Realtime Support agrees to comply with applicable privacy laws and regulations including, but not limited to, the Gramm-Leach-Bliley Act, Public Law 106-102 (1999) as set forth in 15 U.S.C.A. § 6801, as amended to comply with applicable changes in such laws and regulations as these occur and become effective.

Miscellaneous Provisions:
Customer warrants to Realtime Support that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to Realtime Support, Inc.; and Customer will defend, at its expense, indemnify, and hold Realtime Support, Inc. harmless against any damages or expenses that may occur (including reasonable attorneys' fees), and pay any cost, damages, or attorneys' fees awarded against Realtime Support, Inc. resulting from Customer's breach of this section.

This Agreement is intended by the Parties to be the final expression of their agreement, and it constitutes the full and entire understanding between the Parties with respect to the subject hereof. This Agreement may be amended only by a writing signed by the Parties.

The construction, interpretation and enforcement of this Agreement shall be governed by the substantive contract law of the State of California without regards to its conflict of law provisions.

Should any part, term, or provision of this Agreement be declared invalid, void, or unenforceable, all remaining parts, terms, and provisions hereof shall remain in full force and effect and shall no way be invalidated, impaired, or affected thereby.

NO WARRANTIES; DISCLAIMER OF ALL WARRANTIES:
REALTIME SUPPORT MAKES AND CUSTOMER RECEIVES NO WARRANTIES OR CONDITIONS FOR ANY GOOD OR SERVICE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH CUSTOMER, AND REALTIME SUPPORT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE.

Products, Warranties, Condition of Sales and RMA Policy...

Realtime Store

1. Products shipped by Realtime Support come with a limited one-year warranty. Realtime Support warrants these products to be free from defects in material and workmanship under normal use and service for the first 30 days from the date of shipment. After the 30 day period expires, refer to your manufacture's warranty. Realtime Support makes no warranty as to the merchantability, fitness or application of the products. Realtime Support can process your manufacturer warranty repair or exchange for $95.00 fee. This charge includes pickup and delivery of equipment. Additional fees may apply for larger items and shipping charges if applicable. (Applies to the Realtime Store Only).

2. The DOA period is 15 days from date of invoice. Items returned for DOA must be in original package with all accessories and supporting documentation.

3. All claims for shortage or shipment errors must be made within 3 days upon receipt of the merchandise. Recipient must report to freight carrier immediately when damaged boxes are received. Risk of loss passes to purchaser upon shipment of product from Realtime Support's facility.

4. Customer must contact Realtime Support for a Return Merchandise Authorization number to return any item. All returns must include a copy of the packing slip as "Proof of Purchase" which includes the serial number of the item.

5. Items returned for refund must be in the original package with all accessories, all supporting documentation and in resellable condition. Improper packaging may void the warranty.

5. Realtime Support may, at its sole discretion, exchange products or portions of a product. Any exchange will be made in accordance with Realtime Support's exchange policies in effect on the date of the exchange.

7. A minimum restocking fee of 15% will be charged on All Goods Returned for Credit. No requests for refunds are accepted after 7 days. ABSOLUTELY NO RETURNS ARE ACCEPTED FOR SPECIAL ORDERS.

7. All credit, refund, exchange and fees will be assessed at the discretion of the Realtime Support once the items are received and inspected. Do not apply the balance of your subsequent order(s); it will result in a credit hold.

8. A $25.00 fee will be charged for all returned checks.

9. In the event of a dispute, the venue for litigation will be in Los Angeles County, California.

11. Limitation of Liability. Any liability for consequential and incidental damages is expressly disclaimed. Realtime Support's liability in all events is limited to, and shall not exceed, the purchase price paid.

11. In the event of default, the prevailing party in the legal action is entitled to recover attorney fees and court costs incurred in litigation of this matter.

12. Motherboards. In most instances, we encourage you to send motherboards directly back to manufacturer to expedite processing. For motherboards that cannot be shipped directly to the manufacturer, the following apply: There are no returns for credit. After we identify the problem, a replacement will be supplied.

13.Good Used & Refurbished items. The item is sold 'as is' and there is no warranty unless otherwise stated in the invoice.

CPU and Memory Products

1. No credit for CPU and Memory Products. Replacement only.

2. CPU, bulk pack or OEM: DOA period is 15 days. Warranty period is 90 days.

3. CPU, retail pack: DOA period is 15 days. Afterwards direct your RMA to manufacturer.

4. Memory, major brand. There are no returns for credit. Warranty is 3 years.

5. Memory, OEM memory. There are no returns for credit. Warranty is 1 year.

5. Sales persons are not authorized or trained to handle RMA matters.

7. Any order or shipping discrepancies must be reported on the same day of receipt of products.

7. Any physical damage to returned products voids the warranty.

8. Customer must contact Realtime Support for a Return Merchandise Authorization number to return any item. All returns must include a copy of the packing slip as "Proof of Purchase".

Inkjet Printers and Scanners

1. Warranty service is provided by the manufacturer and the warranty period is 90 days.

2. Refer to the manufacturer’s warranty and send directly to the manufacturer to expedite processing.

Service Rates and Fees

At Realtime Support, we are always working hard to give you the best service for the best price. When you look at the bottom line, we want you to smile with confidence. Our prices are the best in the industry!

Back

Website Maintenance & Design

It is our prime objective to offer incomparable levels of service. Your website will grow and develop as your company does. Technology changes and changes in your service offerings, corporate image and marketing strategies mean that you will wish to update your website on a regular basis. Realtime Support aims to establish strong ongoing relationships with all of our clients, we therefore offer a number of maintenance solutions designed to suit your individual company requirements.

Quality Assurance

With over 20 years combined experience in web-based activities, Realtime Support has been committed to the quality of its professional services since its formation. Providing a quality service has always been a keystone in our company policy. This commitment applies to all work undertaken. Our objective is to apply our professional skill and care in a consistent and demonstrable way, contributing to the fulfillment of the needs of all those concerned with our projects.

Our strategy for achieving this quality service is to:

• Define and clarify our brief.

• Apply our expertise in designing a smooth information flow and incorporating design elements that will best satisfy the basic requirements of our esteemed clients.

• Constantly communicate and exchange progress details with our clients to ensure that the website is in line with the corporate image of the company.

• Instigate a quality plan

• Provide management that is committed to maintaining the quality of both our service and our product and ensuring that our input into the project will be carried out to the requirements of time, cost and quality and to fulfill the client's objectives.

• Carry out the above in a clear and demonstrable way.
Realtime Support's commitment to value driven website designing also ensures that we seek innovative design solutions with consideration to time, cost and quality. In these ways we at Realtime Support are striving to maintain excellence in providing our clients with comprehensive, effective and creative consultancy service to enable them to achieve their objectives.

Back

RealtimeMail - Terms and Conditions

License and Terms of Use

Please read the following license and terms of use carefully.

Press the PAGE DOWN key to see the rest of the agreement.

IMPORTANT - READ THESE LICENSE AND TERMS OF USE CAREFULLY BEFORE CREATING A REALTIMEMAIL ACCOUNT AND USING THE REALTIMEMAIL SERVICES. BY CLICKING THE ACCEPTANCE BUTTON, CREATING A REALTIMEMAIL ACCOUNT OR ACCESSING, USING OR INSTALLING ANY PART OF THE REALTIMEMAIL SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AND TERMS OF USE, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE AND TERMS OF USE, YOU MUST SELECT THE CANCEL BUTTON, AT WHICH POINT REALTIMEMAIL WILL CANCEL THIS TRANSACTION AND YOU MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE REALTIMEMAIL SERVICES.

Do you accept all the terms of the License and Terms of Use? If you choose Cancel, you will not be able to create a RealtimeMail Account. To create an account and use the RealtimeMail software and services, you must accept the terms of this License and Terms of Use.

This is an agreement ("Agreement") between Realtime Support, Inc. ("Company") and any person ("User") who completes the registration process to open and maintain an account with the Company's RealtimeMail Personal service ("Service"). Company and User are collectively referred to as the "parties."

1. Service Terms
a. Description. The Service is proprietary to Company and is protected by intellectual property laws and international intellectual property treaties. User's access to the Service is licensed and not sold. Subject to [the timely payment of all Fees and] the terms and limitations set forth in this Agreement, Company agrees to provide User with a personal, non-transferable and non-exclusive account enabling User to access and use the Service (but not for service bureau, time-sharing, or similar services). The Company reserves all rights not expressly granted to User, including, but not limited to, the right to alter, modify, update, enhance, or improve the Service.

b. Accessibility. User agrees that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company or which are not foreseeable by Company.

c. Equipment. User shall be solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for User's use of the Service, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Service.

2. Limitations
a. Security. User shall be solely responsible for the security, confidentiality and integrity of all messages and the content that User receives, transmits through or stores on the Service. User shall be solely responsible for any authorized or unauthorized access to User's account by any person. User agrees to bear all responsibility for the confidentiality of User's passwords and all use or charges incurred from use of the Service with User's passwords.

b. Privacy Policy. In an effort to address User's privacy concerns, Company has instituted a privacy policy ("Privacy Policy") which may be found at http://www.realtimesupport.com/privacypolicy.html and is incorporated herein by this reference. Company reserves the right to change the Privacy Policy at any time. User acknowledges that it has read and understands the Privacy Policy and that User has the obligation to periodically review the Privacy Policy from time to time. In the event any provisions contained in this Agreement conflicts with any terms, conditions or clauses contained in the Privacy Policy, the provisions of this Agreement shall govern.

3. Intellectual Property
The intellectual property utilized in providing the Service is the valuable, confidential and copyrighted property of Company. User may use the Service as permitted herein and may not otherwise modify, adapt, translate, or create derivative works based on the Service without the prior written consent of Company. If User wishes to use the Service or any ancillary and interface software utilized in providing the Service in a manner not expressly permitted by this Agreement, User may request express written permission from Company by giving to Company a written description of the intended use and such other information as Company may reasonably request. Such written permission may be given or withheld in the sole discretion of Company. As between the parties, Company owns all right, title, and interest in and to the Service, including without limitation, all ancillary and interface software, all current and future enhancements, revisions, new releases and updates thereof and any derivative works based thereon and all documentation thereto, all copyrights, trade secrets, patents and goodwill therein. As between the parties, User shall retain all rights, if any, which User may have in any images, photographs, illustrations, graphics, audio clips, video clips and text retrieved, viewed or sent by User using the Service. "RealtimeMail" and the "RealtimeMail" logo are service marks of Company. All other trademarks, service marks and logos used on the website or through the Service are the trademarks, service marks or logos of their respective owners.

4. User Representations
User represents and warrants to Company that: (a) User is over the age of eighteen (18) and has the power and authority to enter into and perform User's obligations under this Agreement; (b) all information provided by User to Company is truthful, accurate and complete; (c) User shall comply with all terms and conditions of this Agreement, including, without limitation, the provisions set forth in Section 6; (d) User has provided and will maintain accurate and complete registration information with Company, including, without limitation, User's legal name, address and telephone number; and (e) User's access to and/or use of the Service does not and will not constitute a breach or violation of any other agreement, contract, terms of use, or similar policy or understanding to which User is or may be subject.

5. Prohibited Uses
User is solely responsible for any and all acts and omissions that occur under User's account or password, and User agrees not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service to: (a) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate, store or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (g) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; or (h) engage in any other activity deemed by the Company to be in conflict with the spirit or intent of this Agreement.

5. Termination
This Agreement is effective upon User's acceptance as set forth herein and shall continue in full force until terminated. User may terminate this Agreement for any reason upon thirty (30) days prior notice to Company. This Agreement will terminate automatically without notice from Company if User fails to comply with any provision of this Agreement. Company reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Service; (b) suspend User's access to or use of all or any portion of the Service; and (c) terminate this Agreement. Termination for any reason shall not affect Company's entitlement to any sums due hereunder, or any additional remedies provided by law or equity. Under no circumstances shall User be entitled to any refund on any portion of fees paid in connection with this Agreement.

7. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT USER'S SOLE RISK. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE.

7. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, USER'S USE OR INABILITY TO USE THE SERVICE, ANY CHANGES TO OR INACCESSIBILITY OF THE SERVICE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES PAID, IF ANY, BY USER TO COMPANY HEREUNDER. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE SERVICE, USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7.

COMPANY IS NOT AN INSURER WITH REGARD TO PERFORMANCE OF THE SERVICE. THE DISCLAIMER OF WARRANTIES AND THE LIMITATION OF LIABILITY AND REMEDY ARE A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES IN ORDER FOR USER TO OBTAIN THE RIGHTS TO USE THE SERVICE AT THE SPECIFIED PRICE, IF ANY. USER AGREES TO ASSUME THE RISK FOR: (i) ALL LIABILITIES DISCLAIMED BY COMPANY CONTAINED HEREIN; AND (ii) ALL ALLEGED DAMAGES IN EXCESS OF THE AMOUNT, IF ANY, OF THE LIMITED REMEDY PROVIDED HEREUNDER.

8. Indemnification
User agrees to indemnify, hold harmless and defend Company, its members, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (a) this Agreement; (b) User's use of the Service, including any data or work transmitted or received by User; and (c) any unacceptable use of the Service by User or through User's account, including, without limitation, any statement, data or content made, transmitted or republished by User which is prohibited as unacceptable at Section 5.

9. Miscellaneous
a. Independent Contractors. The parties and their respective personnel, are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.

b. Amendment. Company shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by delivering such amended terms to User by email at the address provided to Company by User. User's access to or use of the Service after the date such amended terms are delivered to User shall be deemed to constitute acceptance of such amended terms.

c. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

d. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.

e. Notice. All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by facsimile or e-mail to either party's last known post office, facsimile or e-mail address, respectively. User hereby consents to notice by email. All notices shall be directed to the parties at the respective addresses given above or to such other address as either party may, from time to time, provide to the other party.

f. Law. This Agreement shall be treated as though it were executed and were to be performed in the County of Los Angeles, State of California, USA. The rights and obligations under this Agreement shall not be governed by the United Nations Convention on contracts or the International Sale of Goods, the application of which is expressly excluded, but such rights and obligations will instead be governed by the laws of the State of California, USA. This Agreement shall be interpreted in accordance with and governed by the laws of the State of California, USA, without regard to conflict of law principles.

g. Forum. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in the State of California. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the State of California. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of California and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in the State of California.

h. Process. The parties irrevocably submit and consent, and irrevocably waive any and all objections which any party may now or hereafter have, to process being served in any such suit, action or proceeding referred to in the preceding subsection pursuant to the rules of the applicable court, including, without limitation, service by certified or registered mail, return receipt requested. No provision of this section shall affect the right of any party to serve process in any manner permitted by law or limit the right of any party to bring suits, actions or proceedings to enforce in any lawful manner a judgment issued by the state or federal courts of the State of California, USA.

i. Action. No action arising under this Agreement may be brought by User more than one year after the cause of action has accrued.

j. Attorney's Fees. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.

k. Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.

l. Force Majeure. If the performance of any part of this Agreement by either party (other than the payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.

m. Survival. The terms and provisions of Sections 1, 2, 3, 5, 6, 7, 8, 9, and 10 shall survive any termination or expiration of this Agreement.

n. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service.