CONDITIONS OF USEWelcome to our website! ITHelpMe and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
ELECTRONIC COMMUNICATIONS When you visit ITHelpMe or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ITHelpMe or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of ITHelpMe, with copyright authorship for this collection by ITHelpMe, and protected by international copyright laws.
TRADE MARKS ITHelpMe's trademarks and trade dress may not be used in connection with any product or service that is not ITHelpMe's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ITHelpMe. All other trademarks not owned by ITHelpMe or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ITHelpMe or its subsidiaries.
LICENSE AND SITE ACCESS ITHelpMe grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ITHelpMe. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ITHelpMe. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ITHelpMe and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing ITHelpMe's name or trademarks without the express written consent of ITHelpMe. Any unauthorized use terminates the permission or license granted by ITHelpMe. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ITHelpMe so long as the link does not portray ITHelpMe, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ITHelpMe logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. ITHelpMe and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ITHelpMe reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant ITHelpMe and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ITHelpMe and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify ITHelpMe or its associates for all claims resulting from content you supply. ITHelpMe has the right but not the obligation to monitor and edit or remove any activity or content. ITHelpMe takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS All items purchased from ITHelpMe are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS ITHelpMe and its associates attempt to be as accurate as possible. However, ITHelpMe does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ITHelpMe itself is not as described, your sole remedy is to return it in unused condition. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY ITHelpMe ON AN "AS IS" AND "AS AVAILABLE" BASIS. ITHelpMe MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ITHelpMe DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ITHelpMe DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ITHelpMe ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ITHelpMe WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW By visiting ITHelpMe, you agree that the laws of the state of California, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ITHelpMe or its associates.
DISPUTES Any dispute relating in any way to your visit to ITHelpMe or to products you purchase through ITHelpMe shall be submitted to confidential arbitration in California, USA, except that, to the extent you have in any manner violated or threatened to violate ITHelpMe's intellectual property rights, ITHelpMe may seek injunctive or other appropriate relief in any state or federal court in the state of California, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to ITHelpMe. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
GENERAL POLICIES The term of this agreement shall continue in full force and effect as long as ItHelpMe is providing General services to You. You agree that ItHelpMe may modify this Agreement from time to time. ItHelpMe may also discontinue services it provides under this Agreement. You agree to be bound by any changes ItHelpMe may reasonably make to this Agreement when such changes become effective. On-site work will have a minimum of 1 hour work. If we take anything less than an hour to solve a problem, it will be considered 1 hour. Training is considered on-site support and will be charged according to the rates listed on the pricing page. We are not responsible for searching to find available parking, therefore the cost of parking will be added to the bill if we incur any fees related to parking. Payments can be made with check, cash, money order or credit card. For credit card payment, please use PayPal and make payments according to payment section. Failure to pay for services rendered at the time they are rendered, will result in a $50.00 late fee. If payment is still not received within seven days from the date of service, a reminder letter will be sent, a reminder phone call will be made, and if we still have not received payment, your account will be forwarded to a collection agency. If you pay with a check and it bounces, it will be considered as though payment was not made when the service was rendered. This results in the $50.00 late fee plus the amount we are charged for depositing a bad check. OUR PRIVACY POLICIES ItHelpMe policies and procedures for handling customer information have been created with the understanding that Internet technologies are still evolving and that Internet business methods are continuing to evolve to meet the needs and opportunities of the changing technologies. As a result, ItHelpMe policies and procedures are subject to change. In the course of serving our customers, ItHelpMe acquires, stores and transmits customer communications and information that customers may regard as private or sensitive. Some of this information - such as the customer's name, address, and telephone number is provided to ItHelpMe by its customers in order to establish service. Credit card information is handled by PayPal. Other information - such as the customer's account status, choice of services, and customer logs is created and maintained by ItHelpMe in the normal course of providing service. In addition, ItHelpMe may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.
DATA / DATA SECURITY - DAMAGES Due to the nature of the business, catastrophe caused by human error or nature may occur. ItHelpMe can not be held liable for damages caused by computer viruses, malware, inadvertent actions or any computer malfunction. ItHelpMe will protect the confidentiality of its customers' information, account information and personal communications to the fullest extent possible and consistent with the law and the legitimate interests of ItHelpMe, its partners, its employees and other customers of ItHelpMe services. To protect the loss, misuse, and alteration of information that is collected from customers, ItHelpMe has appropriate physical, electronic, and managerial procedures in place.
HOW IS A CUSTOMER INFORMATION USED? ItHelpMe may share customer information with selected partners, for example, to provide customers with information about products which might be of interest to the customer or to enable the customer to take advantage of special partner programs. ItHelpMe may also use customer information to provide its customers with system information or information about new or upgraded products.
DISCLOSURE OF CUSTOMER INFORMATION AND COMMUNICATIONS ItHelpMe will not otherwise disclose its customers' personal and account information unless ItHelpMe has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of ItHelpMe, ItHelpMe customers, or others, or where ItHelpMe has a good faith belief that the law requires such disclosure.
ItHelpMe also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that ItHelpMe stores or transmits for its customers. The circumstances under which ItHelpMe will disclose such electronic customer communications are when: it is necessary in order to provide service to the customer; it is necessary to protect the legitimate interests of ItHelpMe' and its customers; it is required to cooperate with interception orders, warrants, or other legal process that ItHelpMe determines in its sole discretion to be valid and enforceable; and it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by ItHelpMe and appear to pertain to the commission of a crime. ItHelpMe disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. ItHelpMe will, however, review, delete or block access to communications that may harm ItHelpMe, its customers or third parties. The grounds on which ItHelpMe may take such action include, but are not limited to, actual or potential violations of ItHelpMe Acceptable Use Policy.
STORE SHOPPING POLICIESAll prices we show on this site are subject to change without notice. Prices stated at beginning of shipment apply. Applicable taxes or shipping and handling charges are not included in the product prices, but all such charges will be added to your invoice and will be visible at Check Out before you complete your purchase. Information about our shipping and handling rates is available under each product description and at Check Out. We arrange for shipment of products purchased on the site, but we are not liable for delays in shipments as shipping schedules are estimates and cannot be guaranteed. If for some reason we can not ship your products within thirty (30) days, we will provide you with notice and an estimate of time for delivery and an option for refund, substitute goods (at our discretion) and/or to maintain the order. You know we trust you, but all payments (including shipping and handling charges) must be received by Company prior to shipping – no C.O.D.s! We accept payment only by the following methods: PayPal only. Please don’t send cash or personal checks. You must ensure that all information provided by you in relation to your order is accurate, complete and up to date.Your order becomes effective upon successful transmission after you confirm payment on PayPal's website. You cannot cancel the order after that time. All Software are NOT eligible for returns as we have no method of remotely deactiving or destroying the paid product. Please evaluate the free or demo version of the products carefully before deciding to buy the licensed version.
WEBSITE DESIGN, CREATION, HOSTING AND MAINTENANCE AND DOMAIN REGISTRATION Hosting:By purchasing our web site services and/or any other products and services offered on this website, you agree to the all the terms on this website. You agree that you are engaging ITHelpMe as an independent contractor for the specific purpose of designing, creating, hosting and maintaining your "web site package", to be published on the ITHelpMe's account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, herein after refer to as "Hosting Service". Domain Registration:If you are using our Full Service for domain name registration, You hereby authorize ITHelpMe to purchase domain names on your behalf and you grant full ownership of the domain names to ITHelpMe in order to facility ITHelpMe's Full Service feature. ITHelpMe will not be responsible for any domain names that may be locked or lost due to arbitration or part of any litigation or lawsuit, not renewed or expired due to non-payment. Once a domain name is purchased, it is purchased for a minimum of 1 year set to reoccur annually. You may cancel the domain subscription any time through PayPal subscription services but note that there isn't any possibility of any refund in full or pro-rated of any unused remaining domain registration period; you just won't be re-billed for the next upcoming payment period and you will forfeit your usage of the domain name and your website will be inaccessible after cancellation. For our Full Service Clients, ITHelpMe will purchase the domain on your behalf for 1 year term which will be set to be renewed manually. You authorize ITHelpMe to renew you domain(s) once you have made your domain name payments. Domain names may be transferred to you upon request at the end of our relationship or at the end of our agreement and you shall incur any fees associated with the transfer in addition to the fees that ITHelpMe may impose to provide the transfer service . You agree to make the reoccurring payments for ITHelpMe's monthly web hosting service and yearly domain name registration and maintenance at the prices you subscribed and agreed to until you make you request of cancellation in writing or through our form process on our website.
Prices and Cancellation:Prices for our products and services are subject to change anytime for any reason. For products or services that are on reoccurring payments, you would pay for the new price at the next upcoming payment period for that specific product or service. You may cancel or terminate this agreement at anytime for any reason. You will not receive any prorated refund for any unused products or services after cancellation. Please cancel your reoccuring payments through PayPal, our payment provider, and you agree to abide by all of PayPal's terms and conditions, which can be found on PayPal website or at https://cms.paypal.com/us/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Privacy_popup&locale.x=en_US. Per PayPal's directions, To Cancel recurring payments, log in to your PayPal account, go to your Profile, and click My money. Update your agreement in the "My preapproved payments" section.Service:While ITHelpMe will make reasonable efforts to design a fully-functional web site, ITHelpMe cannot guarantee that it will work with all browsers. You agree that our "web site package" is created from a pre-existing template that has been modified to suite your needs and that any modifications may incur additional expense at our consulting rate. Any dynamic or complex component are at an additional cost and not part of the basic and static web site project. The additional cost of more complex products and services are listed and outline on our website. To mention a few of the Advance Component: Appointment Scheduling, Shopping Cart, Comment or Chat Box, Search Engine submissions, Google Business submission and other time consuming work. The cost of $95 web pages are for basic and static text content. We will make reasonable efforts to modify your web site for minor modifications but we have sole discretion as to what is determined to be minor or major modifications. All work must be paid in advance after services and conditions are agreed upon and we reserve the right to refuse any work for anyone for any reason. You agree and authorize that work may be done by ITHelpMe, its affiliates or sub-contracted out to third parties. Content:If you are providing web site content to ITHelpMe, you unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ITHelpMe for inclusion in the web site project are owned by you or you have the permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend ITHelpMe, its associated and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by you. In addition, the contents that you submitted are your property while the content that ITHelpMe originally creates are owned by ITHelpMe unless there is an agreed upon arrangement to transfer ownership or copyright among the parties. E-commerce: If you have a e-commerce component in your web site project, you agree that the you are solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Site Project or any other services contemplated herein, and will hold harmless, protect, and defend ITHelpMe and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs. Liability:Notwithstanding anything to the contrary contained in this contract, neither ITHelpMe nor any of its employees or agents, warrants that the functions contained in the Web Site Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Site Project is with the Client. In no event will ITHelpMe be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Site Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor's computer or Internet software, even if ITHelpMe has been advised of the possibility of such damages.
Terms of Service - Copyright