inPerson365 IT Professional Services

(1) Terms of Use

We provide you with access to and use of the services subject to your compliance with the Terms. InPerson365.com 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 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 InPerson365.com is correct and complete, and (f) any payment or credit card information you supply is correct.

(2) The Scope of Services

You may initiate the Services via the Site, or other means made available by InPerson365.com. InPerson365.com will use commercially reasonable efforts to answer your technology question and advice you on best practices for a fee as set forth in the Site or as quoted, as applicable. InPerson365.com may provide certain portions of the Services via remote control session, online chat or e-mail. We may set forth limits to the technology we support. Certain Services may have minimum system requirements.

InPerson365.com Services could include Services that are available just on a one-time basis, for a fee ("Individual Services"); as well as subscription based services, which are an entitlement to more than one service over a period of time, for a recurring fee ("Subscription Services")

(3) Authorization to Access Your Computer and other hardware infrastructure, such as servers, storage devices, router and other devices; Monitoring of the Services You acknowledge that by your use of the services you are authorizing InPerson365.com to access and control your computers, servers, storage devices and other devices for the purposes of advising the practices and verification of installation and setup parameters.

In connection with delivering the Services, InPerson365.com may download and use software, gather system data, take remote control of your hardware and access or modify your computer settings. By accepting these terms, you hereby grant InPerson365.com the right to connect to your computer, download and use software on your hardware to gather system data, monitors, take remote control of your computer and change the settings on your computer while performing the services. Other than as set forth in the warranty section below, you agree that InPerson365.com 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, but have no obligation to, monitor and record the services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to InPerson365.com to monitor and record the services 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 InPerson365.com 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. Please see Our Privacy Policy for further details.

We may, but have no obligation to, monitor and/or to review all materials posted to the Site or through the Site's services or features by third parties, and we are not responsible for any such materials posted by third parties. We are not responsible for any failure to monitor, review and/or delete any materials posted to the Site or through the Site's services or features by third parties. However, We reserve the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in Our sole discretion, are in violation of these Terms or applicable law. We may also impose limits on certain features of the site or restrict your access to part or the entire site without notice or penalty if we believe you are in breach of the guidelines set forth in our terms or in violation of applicable law without notice or liability.

(4) Submissions

All comments, feedback, information (other than your personally identifiable information or billing information) or materials submitted to InPerson365.com ("Submissions") shall be considered non-confidential and InPerson365.com's property. By providing such Submissions to InPerson365.com, you agree to assign to InPerson365.com, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. InPerson365.com shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. As part of any subscription Services purchased by You, You acknowledge and agree that InPerson365.com may retain some of Your personally identifiable information or billing information for purposes of record retention and for purposes of billing any renewals of the subscription Services, which shall not be subject to the foregoing assignment provision.

You acknowledge that you are responsible for the Submissions that you provide, and that you have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. You represent, warrant and agree that you shall not upload, post, transmit, distribute or otherwise publish through the site, or any service or feature made available on or through the Site, any materials which are, do, or could reasonably be construed to be or do any of the following:

 - restrict or inhibit anyone from using and enjoying the Site or the Site's services;
are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or that threatens or invites violence, or that is derogatory of others on the basis of gender, race, ethnicity, national origin, religion, sexual preference or disability;constitute or encourage conduct that would constitute a criminal offense, give rise to potential civil liability or otherwise

- violate any local, state, national or international law; violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret,

- confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right; contain a virus, spyware, or other harmful component;
contain embedded links, advertising, chain letters or pyramid schemes of any kind; constitute or contain false or misleading indications of origin, endorsement or statements of fact; or contain sensitive, proprietary or confidential information about Yourself or others. Except as may be expressly permitted in connection with one of the Site's services, You also may not offer to buy or sell any product or service on or through your Submissions. We will not accept responsibility for any information included in any Submissions created or posted by third parties. You alone are responsible for the content and consequences of any and all of your activities and You submit Submissions at your own risk.

By submitting or sending Submissions to Us, You: (i) represent and warrant that the Submissions are not confidential or secret, and no confidential or fiduciary relationship is intended or created between You and Us in any way, (ii) represent and warrant that the Submissions are original to You, that no other party has any rights thereto, and that any "moral rights" in Submissions have been waived, and (iii) You grant Us and Our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so. We cannot be responsible for maintaining any Submissions that You provide to Us, nor are We responsible for any information included in any Submissions (for example, without limitation, a blog post or any comments to blog(s) created or posted by Users), and we may delete or destroy any such Submissions at any time.

 
(5) DISCLAIMER OF 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. INPERSON365.COM DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTIONs OR COMPUTER PROBLEM. INPERSON365.COM 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 DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

(6) Registration, Passwords and Security

In order to use certain Software or Services, We may require that you register. During the registration process, you may be asked to designate, or we may designate for you, a user name and password. You are responsible for maintaining the confidentiality of any password or account information you receive from InPerson365.com, and are responsible for all activities that occur using that password or other account information. You must provide complete and accurate identification, contact, and other information required as part of the registration process. You must notify InPerson365.com immediately upon learning of any unauthorized disclosure or use of your password or other account information. InPerson365.com has no liability for any unauthorized use of the services under your account or on your computer/s.

 
(7) Service Availability

InPerson365.com reserves the right to terminate Your Subscription Service, upon notice, if InPerson365.com determines, in its sole business judgment, that Your Subscription Service is being used (a) fraudulently, (b) maliciously, (c) by any person other than You, (d) for any computer system other than a registered system, (e) unreasonably, or (f) in excess of five (5) completed, in-scope Service incidents per any ninety (90) day period. In the event that Your Subscription Service is terminated, InPerson365.com will refund to You a pro rata portion of any fees that You have prepaid for the Subscription Services. Subscription Services may be subject to additional requirements, limitations, and restrictions depending on the subscription level You purchased. Please refer to the Site for information about those restrictions.

(8) Restrictions

You shall not: (a) "mirror" any Content on the Site on any other server without InPerson365.com'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 InPerson365.com or its customers or its suppliers, including but not limited 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 by the multiple postings of messages.

 
(9) Security

While we use reasonable security measures to deliver the Services, You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that any personal information You submit to us will be free from unauthorized intrusion.

 
(10) International Use

Currently, the Services are available worldwide. InPerson365.com may, from time to time, offer promotions to residents of specific countries. You agree to comply with all applicable laws and regulations of your country of residence, including without limitation, United States export laws and regulations. You represent and warrant that you are not on the United States' prohibited party list and not located in or a national resident of any country on the United States' prohibited country list

 
(11) Proprietary Rights

InPerson365.com 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. InPerson365.com 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 of the United States, other countries, as well as applicable state 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.

COPYRIGHT NOTICE: Copyright © 2010 InPerson365.com, Inc. All Rights Reserved.

 
(12) Dealings with Third Parties

In the course of delivering the Services to you, we may refer You to third parties, or the websites of third parties, that offer products and/or services that may facilitate the resolution of your computer support issues or otherwise be of potential assistance to you. These third parties and/or their websites may also be linked and/or displayed on the Site. Although we may link or otherwise refer you to such products and services offered by third parties, unless expressly stated to the contrary, such references, links and/or displays in no way mean, imply, suggest or constitute any evaluation or approval by Us of those merchants or their products or services. We are not responsible in any way for any other Web sites, products, services or information. Your dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such other entity. You agree that InPerson365.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on the Services. Likewise, any third parties that may refer you to the Services have no responsibility or liability for the Services provided by InPerson365.com.

 
(13) Use of Software and Tools

InPerson365.com may need to download and/or run software on your computers to help advice and deliver the services. InPerson365.com uses several types of software: the first type provides computer system information to InPerson365.com which helps us understand and advice about the technology in use, the second type allows InPerson365.com to remotely control your computer with the only purpose of reviewing settings or software, and the third type generally consists of utilities and other tools to collect performance data to help our consultants provide the best advice.

You acknowledge and agree that use of all InPerson365.com software and 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. You agree that we may download and utilize software from third party web sites and accept any applicable license agreements on your behalf. You acknowledge and agree that we may download and install trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless you purchase a license to continue using such Software. You may use the InPerson365.com software only in connection with the services and for no other purpose. You agree that we may, but are not obligated to, remove any Software downloaded to sour computer during the Services after we have completed or terminated the Services.

 
(14) Fees and Payment

The applicable fees for the services you order are only available on the Site. The fee for the Services will be charged directly on your credit card, PayPal© account of by direct deposit and you agree to pay the charges applicable to your selected Services, as well as any applicable taxes.

For Subscription Services, the applicable fees will depend on the type of subscription that you purchase, and the duration of the subscription. A onetime set up fee applies to all Subscription Services. For Personal and Business Subscriptions, the minimum subscription duration is six (6) months.

Unless you have purchased a special or trial offer Subscription Service that specifically provides other terms for cancellation and/or refund, you may cancel any Subscription Service within five (5) days following your purchase of the Subscription Service, by contacting InPerson365.com. Otherwise, the fees for the Subscription Service are not refundable.

By authorizing Us to charge Your credit card for Your Subscription Service, You further authorize InPerson365.com to continue to charge Your credit card (or a replacement card, if the credit-issuing entity informs InPerson365.com that a replacement card has been issued) for all fees associated with the Subscription Service, including renewals. You must contact InPerson365.com if You do not wish to renew Your Subscription Service; if You do not contact InPerson365.com, the Subscription Service that You selected will automatically renew for the same subscription duration that You initially selected, at InPerson365.com's then-applicable fees.

 
(15) Use of the Services

Your use of the Services is only for your personal and internal business purposes on your technology, 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 technology or providers of services relating to such technology, to access or use the Services.

You may not use, download or copy any information, data, text, photographs, graphics, video, or other materials provided with the Services ("Content") unless: (1) You use the Content solely for personal, informational and non-commercial purposes; (2) InPerson365.com's trademarks and copyright symbol and statement set forth on each page of the Site appears on each downloaded or copied page; and (3) no modifications are made to any Content. The rights granted to you in connection with the Services constitute a license and not a transfer of title. InPerson365.com 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 InPerson365.com. 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 InPerson365.com. Any rights not expressly granted herein are reserved by inPerson365.com.

 
(16) 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, Software, features and/or hours of availability, and We will not be liable to You or to any third party for doing so.

 
(17) Modifications to the Services

INPERSON365.COM RESERVES THE RIGHT TO CEASE PROVIDING THE SERVICES FOR ANY REASON AT ANY TIME AND INSTEAD, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND THE FEES PAID FOR THE APPLICABLE SERVICES FOR THE TIME PERIOD, IF ANY, AFTER TERMINATION OF THE SERVICES.

IF YOU BREACH THE TERMS NO REFUND WILL BE PROVIDED. OTHER THAN PROVIDING A REFUND WHEN WE TERMINATE FOR OUR CONVENIENCE, INPERSON365.COM 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 INPERSON365.COM MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR BAR ANY FURTHER ACCESS TO THE SERVICES.

 
(18) INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD INPERSON365.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, IN ANY WAY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR YOUR VIOLATION OF THE TERMS.

 
(19) LIMITATION OF LIABILITY

IN NO EVENT SHALL INPERSON365.COM, ITS SUPPLIERS, AND REFERRAL PARTNERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, WHETHER FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), MISPRESENTATION, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING FROM DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, SOFTWARE, CONTENT OR YOUR PERSONAL COMPUTER AND OTHER TECHNOLOGY INCLUDING, WITHOUT LIMITATION, LOST SALES, LOST REVENUE, LOST PROFITS OR OTHER LOSS OF BUSINESS, LOSS OF OR DAMAGE TO DATA, OR COST OF SUBSTITUTE SERVICES EVEN IF INPERSON365.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL THE TOTAL LIABILITY OF INPERSON365.COM, ITS SUPPLIERS, AND REFERRAL PARTNERS 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 GREATER OF THE AMOUNT PAID FOR THE SERVICES AT ISSUE OR US$100.00.

 
(20) Governing Law

The substantive laws of the State of California, United States of America, without reference to any conflicts of law principles that would require the application of the laws of any other jurisdiction, shall govern these Terms. The parties agree that the U.N. Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Any action or proceeding arising from or relating to the Services shall be subject to the exclusive jurisdiction of the state or federal courts in San Francisco, California, and You expressly agree to submit to the personal and exclusive jurisdiction and venue of these courts.

Notwithstanding the foregoing, InPerson365.com may bring an action to protect or enforce its intellectual property rights in any applicable jurisdiction.

 
(21) Electronic Communications

The information communicated on this Site constitutes an electronic communication. When You communicate with Us through the Site or other forms of electronic media, such as e-mail, You are communicating with Us electronically. You agree that InPerson365.com, on behalf of itself and others who may be involved with delivering the Services (as applicable), may communicate electronically by e-mail and/or may make communications available to you by posting them on the Site, and that such communications, as well as notices, disclosures, agreements and other communications that We provide to You electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by Us. Notices and communications to InPerson365.com must be sent to the applicable address given in these Terms or to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

 
(22) Notice for California Users

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The headquarters of InPerson365.com is currently located in San Jose, CA 95129, phone (408) 341-6602. The charges for the Services are specified on the Site. If you have a complaint regarding the Services or want to request a paper copy of these Terms, please contact InPerson365.com by writing to the address above, or by e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it , or by calling  (408) 341-6602. The Consumer Information Center of the Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95384, or by telephone at (916) 445-1254 or (800) 952-5210

 
(23) General Information

This version of the Terms is effective as of January, 2011. The Terms together with the Privacy Policy and any applicable license agreements constitute the entire agreement between you and InPerson365.com and govern your use of the services, superseding any prior or contemporaneous agreements between you and inPerson365.com. The failure of InPerson365.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties" intentions as reflected in the provision and the other provisions of the Terms remain in full force and effect.

You may not assign the Terms or any of your rights or obligations under the Terms without InPerson365.com's express written consent. The Terms inure to the benefit of InPerson365.com's successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.