EXPRESS COMPUTER SERVICE LLC TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. You, our customer, have chosen to have your computer serviced through us, Express Computer Service LLC, Inc. and our affiliates, subsidiaries and subcontractors (sometimes referred to herein as “Express Computer Service LLC” or “us” or “we”). These terms and conditions (the “Terms”) govern your use of Express Computer Service LLC’s Technology Services and any computer support services, including computer diagnostics, service and repair (the “Services”), purchased in-store. By ordering the Services and signing below, you agree to these Terms.
Express Computer Service LLC reserves the right to refuse to provide the Services to anyone at any time without notice and 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 these Terms; and (c) any information you submit to Express Computer Service LLC is correct and complete, including any payment or credit card information you supply.
Authorization to Access your Computer
You acknowledge and agree that by purchasing and scheduling the Services you are authorizing Express Computer Service LLC to have full access and control of your computer, including hardware and software, for the purposes of providing the Services.
You further acknowledge and agree that, in connection with delivering the Services, we may download and use various software, gather system data, have and access remote control of your computer and access or modify your computer settings and profiles as Express Computer Service LLC deems necessary. Express Computer Service LLC may need access to some of your passwords and may require access through your defined security protocols (such as fingerprint readers) to perform the required Services. By accepting these Terms, you hereby grant Express Computer Service LLC the right and authority to connect to and access your computer, download and use the software on your computer to gather system data, make any recommended repairs to your computer, have and access remote control of your computer and change the settings and profiles on your computer while performing the Services as Express Computer Service LLC deems necessary. Other than as set forth in the warranty section below, you agree that Express Computer Service LLC has no responsibility or liability whatsoever under any circumstance at any time for any loss, damage, destruction, harm or corruption that may arise from or be related to the Services or your computer, including, without limitation, customer data, software or hardware.
You further acknowledge that Express Computer Service LLC may use subcontractors to provide the Services onsite at your home or office, at an Express Computer Service LLC location, through remote access to your computer, or at an off-site central repair facility and, in doing so, you specifically agree that those subcontractors shall be authorized to have full access and control of your computer as stated herein and that any reference to “Express Computer Service LLC” in these Terms shall include Express Computer Service LLC’s subcontractors providing the Services.
Data Backup/ Software Installation
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND PERFORMING A COMPLETE AND COMPREHENSIVE BACKUP OF ALL INFORMATION, DATA, PROGRAMS, FILES, TEXT AND OTHER MATERIALS (COLLECTIVELY “CUSTOMER DATA”) AND SOFTWARE STORED ON YOUR COMPUTER BEFORE PROVIDING ACCESS TO AND TRANSFERRING POSSESSION OF YOUR COMPUTER TO EXPRESS COMPUTER SERVICE LLC. YOU FURTHER ACKNOWLEDGE AND AGREE THAT EXPRESS COMPUTER SERVICE LLC HAS NO RESPONSIBILITY OR LIABILITY WHATSOEVER UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS, DAMAGE, DESTRUCTION, HARM OR CORRUPTION THAT MAY ARISE FROM OR BE RELATED TO THE SERVICES, OR TO YOUR COMPUTER, INCLUDING WITHOUT LIMITATION CUSTOMER DATA, SOFTWARE OR HARDWARE. EXPRESS COMPUTER SERVICE LLC WILL NOT PROVIDE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE TO CUSTOMERS.
WITHOUT LIMITING THE FOREGOING, IF YOU EXPRESSLY PURCHASE OUR BACKUP SERVICES FOR YOUR FILES/DATA, WE WILL ATTEMPT TO PROVIDE SUCH SERVICES, SUBJECT TO THE LIMITS OF THE BACKUP SOFTWARE AND THE INTEGRITY OF YOUR FILES/DATA. IF WE ARE UNABLE, OR FAIL, TO PERFORM THE BACKUP SERVICES FOR ANY REASON, OR IF ANY FILES/DATA ARE LOST OR DAMAGED DURING THE BACKUP PROCESS, OUR MAXIMUM LIABILITY IS LIMITED TO A REFUND OF THE BACKUP SERVICE FEE PAID BY YOU. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR PERFORMING A COMPLETE AND COMPREHENSIVE BACKUP OF YOUR FILES/DATA PRIOR TO EXPRESS COMPUTER SERVICE LLC PERFORMING ANY SERVICE. YOU ASSUME ALL RISK OF LOSS FOR YOUR FILES/DATA DUE TO ANY CAUSE. YOU HEREBY AUTHORIZE A SYSTEM RESTORE AND SHALL RELEASE EXPRESS COMPUTER SERVICE LLC FROM ANY CLAIM OF LIABILITY WHATSOEVER RELATED TO ANY LOSS OF FILES/DATA OR PROGRAMS FOR ANY REASON WHATSOEVER, INCLUDING DUE TO OUR NEGLIGENCE OR THE NEGLIGENCE OF ANY THIRD PARTY SERVICE PROVIDER.
YOU REPRESENT AND WARRANT TO EXPRESS COMPUTER SERVICE LLC THAT ANY SOFTWARE AND OTHER DATA INSTALLED OR ACCESSIBLE ON YOUR COMPUTER IS PROPERLY LICENSED TO, OR OWNED BY, YOU.
Scope of Services
Express Computer Service LLC will use commercially reasonable efforts to answer your personal technology questions and to resolve your personal technology problems for a fee as set forth in the pricing schedule attached hereto. We may have certain limits to the personal technology we support and may provide to you and certain Services we provide may have minimum system requirements. Express Computer Service LLC may also need to send your computer equipment off-site for additional repair when necessary to fully perform the Service.
We will use commercially reasonable efforts to provide the Services and you acknowledge and agree that the Services may not provide the results you desire. Certain computer service questions and problems may be beyond our ability to resolve. If we are not able to answer your question(s) or resolve your personal technology problem(s) and you have complied with all of your obligations in these Terms, we will notify you of our inability to resolve your personal technology problem(s) and refund the fees paid for the Services to the extent the problem is unable to be resolved. You acknowledge and agree that, other than as specifically set forth herein, there are no other warranties for the Services. You acknowledge and agree that the limited warranty set forth herein does not, in any way, cover damage to any item, if in our sole opinion, improper customer assembly, modification, negligence and/or use or abuse caused the damage. The warranty does not cover any issues or interruptions caused by problems with a third party service such as internet service providers, DSL or cable companies. The Express Computer Service LLC associate will note the ‘state of condition’ of your computer prior to any Service being provided. If you do not agree with the associate’s assessment of your computer’s condition, no Service will be provided.
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. EXPRESS COMPUTER SERVICE LLC DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR COMPUTER TECHNOLOGY QUESTION(S) OR PROBLEM(S). EXPRESS COMPUTER SERVICE LLC 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 REGARD TO 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 AND TO THE EXTENT YOU ARE COVERED BY ANY JURISDICTION’S LIMITATIONS, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Use of Software and Tools
Express Computer Service LLC may need to download and/or run several types of software on your personal computer to help diagnose and resolve your personal technology problem(s). You acknowledge and agree that use of all Express Computer Service LLC 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, without modification, of the license agreements. 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 separately purchase a license to continue using such Software and you have the sole responsibility to purchase any necessary licenses. You may use the 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 your computer during the Services after we have completed or terminated the Services.
As a condition to providing the Services, you must cooperate with Express Computer Service LLC and promptly respond to our requests for information and comply with our requests to take actions to resolve your personal technology problem(s). You may be required to consent to the downloading and use of Software on your personal computer and accept all applicable license agreements for the Software in order for us to provide the Services and, in the event you do not consent and we are unable to provide the Services, we will not be required to refund any portion of the fees paid by you to the extent of our costs, including the costs of our subcontractors.
Monitoring of the Services
We may, but shall 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 acknowledge and agree that we retain the right to monitor and record the Services and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect ourselves.
Registration, Passwords and Security
In order to use certain Services, we may require that you register as may be required. 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 Express Computer Service LLC and its affiliates, and are responsible for all activities that occur using that password or other account information. You must notify Express Computer Service LLC immediately upon learning of any unauthorized disclosure or use of your password or other account information. Express Computer Service LLC has no liability for any unauthorized use of the Services under your account or on your computer.
Fees and Payment
The applicable fees for the Services you order are attached hereto as Exhibit A (“Fees”). The Fees for the Services may be charged in advance of Express Computer Service LLC providing the Services. Exceptions to pre-payment may include those repair services needed as a result of a diagnostic determination either in-store or through Express Computer Service LLC’s repair facilities. You agree to pay the charges applicable to your selected Services, as well as any applicable taxes.
Use of the Services
Your use of the Services is only for your personal and noncommercial purposes on your personal technology, and not for 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 personal support technology, or providers of services relating to such technology, to access or use the Services.
Express Computer Service LLC offers premium support service Subscription Plans to help you maintain Your PC and connect to the internet and devices. Express Computer Service LLC reserves the right to suspend or terminate Your Subscription Plan and refuse service if you have not met applicable pre-requisites or maintained the requirements for eligibility. Furthermore, Express Computer Service LLC reserves the right to suspend or terminate any Subscription Plan that Express Computer Service LLC, in its sole discretion, determines 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.
While we use reasonable security measures to deliver the Services, you acknowledge and agree that no data transmission over the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that your personal information will be free from unauthorized intrusion.
All comments, feedback, information (other than your personally identifiable information or billing information) or materials submitted to Express Computer Service LLC (“Submissions”) shall be considered non-confidential and Express Computer Service LLC’s property. By providing such Submissions to Express Computer Service LLC, you agree to assign to Express Computer Service LLC, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Express Computer Service LLC shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. 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. Any or all Submissions you provide in connection with the Services may be purged periodically in Express Computer Service LLC’s sole discretion.
Express Computer Service LLC 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, may be protected by law including copyright, trademark, service mark, patent or other proprietary rights and laws. Any third-party service providers used by Express Computer Service LLC to provide the Services, may be the copyright owner(s) or licensee(s) of the Services, Software, and content. 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 or other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use. Express Computer Service LLC does 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.
MODIFICATIONS OR TERMINATIONS OF SERVICES
EXPRESS COMPUTER SERVICE LLC RESERVES THE RIGHT, FOR ANY REASON IN OUR SOLE DISCRETION AND WITHOUT NOTICE TO MODIFY, TERMINATE, CHANGE, SUSPEND OR DISCONTINUE ANY AND ALL ASPECTS OF THE SERVICES, AND, IF TERMINATED PRIOR TO THE SERVICES BEING COMPLETED, AS YOUR SOLE AND EXCLUSIVE REMEDY, WE MAY REFUND THE FEES PREPAID FOR THE APPLICABLE SERVICES NOT PERFORMED FOR THE TIME PERIOD, IF ANY, AFTER TERMINATION OF THE SERVICES; PROVIDED, HOWEVER, IF YOU ARE IN BREACH OF ANY OF THE TERMS, NO REFUND WILL BE PROVIDED. OTHER THAN PROVIDING A REFUND WHEN WE TERMINATE FOR OUR CONVENIENCE, EXPRESS COMPUTER SERVICE LLC WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR TERMINATION OF THE SERVICES FOR ANY REASON.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD EXPRESS COMPUTER SERVICE LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRATORS 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, ANY ACTUAL OR ALLEGED INFRINGEMENT, VIOLATION OR MISAPPROPRIATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY OR YOUR VIOLATION OF THE TERMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EXPRESS COMPUTER SERVICE LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS AND AFFILIATES 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, WHETHER ARISING DIRECTLY OR INDIRECTLY OR WHETHER 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 EXPRESS COMPUTER SERVICE LLC 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, TO THE EXTENT APPLICABLE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. N NO EVENT SHALL THE TOTAL LIABILITY OF EXPRESS COMPUTER SERVICE LLC 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 BY YOU FOR THE SERVICES AT ISSUE.
Applicable Law; Jurisdiction
These Terms shall be construed and governed in accordance with the laws of the State of Florida, without regard to conflict of laws principles. In the event we are unable to mediate any dispute to a satisfactory resolution, you agree that the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida shall have exclusive jurisdiction to hear and determine any claims or disputes between us arising out of or related to these Terms and the Services, unless federal jurisdiction is available, in which case the Southern District of Florida, West Palm Beach Division, shall have exclusive jurisdiction to determine any claims or disputes arising out of or related to these Terms and the Services. You expressly submit and consent in advance to such jurisdiction in any action or suit commenced in such court, and you hereby waive any objection that you may have based upon lack of personal jurisdiction, improper venue or forum non conveniens.IN ANY SUCH PROCEEDINGS, YOU HEREBY KNOWINGLY AND WILLINGLY WAIVE AND SURRENDER YOUR RIGHT TO TRIAL BY JURY AND AGREE THAT SUCH LITIGATION SHALL BE TRIED TO A JUDGE SITTING ALONE AS THE TRIER OF BOTH FACT AND LAW, IN A BENCH TRIAL, WITHOUT A JURY. You agree that, notwithstanding any statute of limitations or other law which provides otherwise, any claim or cause of action arising out of or relating to the Services or these Terms must be filed within five (5) years after such claim or action arose or be forever barred.
For software installations, Express Computer Service LLC and its affiliates may accept the end user license agreements on your behalf.
After completion of the Services, Express Computer Service LLC will attempt to notify you via telephone, email, fax, courier or postal mail. Express Computer Service LLC accepts no responsibility for any computer not picked up within 30 days after the Service has been completed. Express Computer Service LLC may dispose of your unclaimed computer and you hereby waive any claims regarding such disposal. EXPRESS COMPUTER SERVICE LLC WILL NOT PRESERVE ANY DATA WHICH WAS STORED ON YOUR ABANDONED COMPUTER. EXPRESS COMPUTER SERVICE LLC IS NOT RESPONSIBLE FOR ANY DATA THAT IS LOST AND/OR STOLEN RESULTING FROM DISPOSAL OF YOUR ABANDONED COMPUTER.
If materials are found to be defective, they will be serviced under the original manufacturer’s warranty (if and to the extent so covered) or Product Protection Plan (if and to the extent so covered). It is your responsibility to obtain warranty service through the manufacturer, or through the Product Protection Plan program for any original equipment that was part of the initial computer purchase.
In-Home, In-Office and In-Store Service Terms and Conditions
For any service that includes the installation of software, a fully licensed updated version of the software must be provided by you, unless specifically stated otherwise in the service scope of work. All hardware and software required to perform the contracted services must be immediately available at the time of service appointment. Hardware should be in unopened, OEM packaging to ensure warranty guidelines are maintained. If product installed is to be connected to an in-home or office network, access to the network configuration (i.e. TCP/IP address, etc.), ID’s, addresses, passwords and authority will be required. Service will be scheduled Mon-Fri 8AM-8PM, Sat 8AM-5PM local time excluding nationally observed holidays. All cancellations must be made no later than 8PM on the day prior to the scheduled visit. The full cancellation policy is included in each scope of work. You must provide an accessible work area for the technician and, if required by the scope of work, must have working high-speed broadband (DSL, cable modem, satellite) Internet access and power. An adult (18 years or older) must be present the entire time the work is being performed. In circumstances where you have designated a representative to be present during the work period, that person must be authorized by you to make any required decisions.
Technical Requirements for Subscription Services
In order for us to provide Subscription Services, your Equipment must meet the following requirements:
a. Each computer must have at least 10MB free hard disk space and 256 MB RAM.
b. Any operating system and/or ISP passwords must be provided to us.
c. Any computers must include Microsoft XP or later versions.
d. Any operating system/Restore/Recovery disks and key codes must be provided to us at the time of Service.
e. All Equipment must be made by one of the following manufacturers: Compaq; E-Machine; Gateway; Hewlett Packard; Sony; Toshiba; Dell; Acer; IBM; Lenovo; Lexmark; Epson; and Brother.
f. All Equipment must be in good working order at the initiation of the subscription.
g. Your covered Equipment must be virus free (as determined by us in our sole discretion) at the time that you purchase the subscription. If we determine that your Equipment is infected by a virus, we may require that you purchase a Service to clean your Equipment prior to obtaining subscription Services.
System Monitoring and Marketing
Express Computer Service LLC and its Subcontractors may download the “PC Support Agent” to continuously monitor the performance of your PC, make recommendations on possible service needs and present future service opportunities (market) to you during a period of time after the initial service is provided. You may choose to opt out of this program at any time and Express Computer Service LLC will provide instructions on how to un-install this program or will uninstall it on your behalf at no charge. Any services purchased through Express Computer Service LLC as a result of utilizing the PC Support Agent may require additional payment.
The Customer acknowledges and agrees that an executed copy of this Agreement, either photocopied or received by way of facsimile, shall be deemed to be an original enforceable and admissible for all purposes as may be necessary under the terms hereof.
Limitations of Coverage
The Services shall not include any repair or service to the extent relating to any of the following:
- OPERATIONAL OR STRUCTURAL FAILURE OF THE PRODUCT DUE TO ACCIDENTAL IMPACTS, DROPS, AND SPILLS.
- TELEPHONE OR OTHER LINES CONNECTING TO THE EQUIPMENT.
- ANY SOFTWARE, INCLUDING, BUT NOT LIMITED TO, APPLICATION PROGRAMS, NETWORK PROGRAMS, DATABASES, FILES, DRIVERS, SOURCE CODE, OBJECT CODE OR PROPRIETARY DATA, OR ANY SUPPORT, CONFIGURATION, INSTALLATION OR REINSTALLATION OF ANY SOFTWARE OR DATA, EXCEPT TO THE EXTENT SPECIFIED IN THE SERVICE DESCRIPTION.
- EQUIPMENT USED IN INDUSTRIAL SETTINGS.
- ANY UTILIZATION OF EQUIPMENT THAT IS INCONSISTENT WITH EITHER THE DESIGN OF THE EQUIPMENT OR THE WAY THE MANUFACTURER INTENDED THE EQUIPMENT TO BE USED.
- NONFUNCTIONAL PARTS, INCLUDING BUT NOT LIMITED TO DAMAGE TO CABINETRY, DESKS OR FURNITURE.
- CONSEQUENTIAL DAMAGE TO OR SPOILAGE OF CDS, DISKETTES, RECORDING TAPES AS A RESULT OF THE MALFUNCTIONING OF OR DAMAGE TO AN OPERATING PART, OR AS A RESULT OF ANY REPAIRS OR REPLACEMENT UNDER THIS ONE TIME SERVICE.
- LOSS OR DAMAGE AS A RESULT OF VIOLATION OF EXISTING FEDERAL, STATE AND MUNICIPAL CODES INCLUDING REPAIRS TO PRODUCTS NOT COMPLYING WITH SAID CODES.
- OPERATIONAL FAILURE DUE TO A POWER SURGE.
- EQUIPMENT WITH WINDOWS OPERATING SYSTEMS PRECEDING WINDOWS XP.
- MOVES ADDS AND CHANGES.
- PERIPHERALS OTHER THAN PRINTERS (EXAMPLES: MOUSE, KEYBOARD, SCANNER, EXTERNAL HARD DRIVES).
- COST OF REPLACEMENT PARTS.