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Total Support Center is a service of Thrifty Capstone Business Services Inc.
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THRIFTY CAPSTONE BUSINESS SERVICES INC.
User Agreement
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| 1.General Terms and Conditions (Applies to all Users) |
A. Eligibility to use our services
Our services are available only to corporate or other entities, or individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors, to anyone under 21 years of age. If you do not qualify, please do not use our services. Further, your THRIFTY CAPSTONE BUSINESS SERVICES INC. account and User ID may not be transferred or sold to another party, which is unrelated to you. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement. |
B. Fees and services
We may change our fees and credit policy from time to time. Our changes to the policy are effective immediately upon posting on the web site. We may choose to temporarily change our services or promotional events. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service.
All fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our Web site as well as all applicable taxes, if any.
IMPORTANT NOTICE: ONCE ACCEPTED ANY SERVICE REQUESTS THAT ARE CANCELLED WITHIN ONE BUSINESS DAY OR LESS THAN 24 HOURS OF THE SCHEDULED APPOINTMENT, WILL BE CHARGED A CANCELLATION OF $50.00 AS FURTHER STATED IN SECTION II PARAGRAPH B.3. |
| C. Our service is a venue |
| Our service acts as a venue to allow computer Service Providers ("Service Providers") and Clients of computer services ("Clients") to offer, sell, and buy services at any time. We are not involved in the actual transaction between Clients and Service Providers. As a result, we have no control over the quality, safety or legality of the services offered or advertised, the truth or accuracy of the services or the ability of Service Providers to provide services. We cannot ensure that a Client or Service Provider will actually complete a transaction. |
| 1. Identity verification. We use many techniques to identify our Users when they register with our service. However, because user verification is difficult, and although THRIFTY CAPSTONE BUSINESS SERVICES INC. does attempt to verify credentials of all Service Providers, THRIFTY CAPSTONE BUSINESS SERVICES INC. cannot and does not confirm each User's purported identity. |
| 2. Release. Because we are a venue, in the event that you have a dispute with one or more Users, you release THRIFTY CAPSTONE BUSINESS SERVICES INC. (and our officers, members, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. |
| 3. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." |
| 4. In the event any User has any issues which may result in a claim against THRIFTY CAPSTONE BUSINESS SERVICES INC. with respect to their use of the platform, User must raise such issue in writing with THRIFTY CAPSTONE BUSINESS SERVICES INC. within thirty (30) days of occurrence. Otherwise, THRIFTY CAPSTONE BUSINESS SERVICES INC. shall be deemed released from any obligations it might have. Such notice shall be made to Client Services at THRIFTY CAPSTONE BUSINESS SERVICES INC.. |
D. Third-Party Link and Content Disclaimer
Links contained on the THRIFTY CAPSTONE BUSINESS SERVICES INC. website may cause a User to leave the website. Such linked websites are not under the control of THRIFTY CAPSTONE BUSINESS SERVICES INC. and THRIFTY CAPSTONE BUSINESS SERVICES INC. is not responsible for the contents of any linked website or information contained in a linked website, or any changes or updates to such website. THRIFTY CAPSTONE BUSINESS SERVICES INC. provides these links from the THRIFTY CAPSTONE BUSINESS SERVICES INC. website only as a convenience, and the inclusion of any link does not imply any endorsement of the website or any of its contents. All Users use materials and information in third-party websites at their own risk. |
| E. Your information |
1. Definition.
"Your Information" is defined as any information you provide to us or other Users in the registration process, in any public message area or through any email feature. You are solely responsible for Your Information.
2. Restricted activities.
Your Information and your activities on the site shall not:
a. be false, inaccurate or misleading;
b. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
c. violate any law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising);
d. be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
e. contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
f. link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement.
g. consummate any transaction that was initiated using our service that, by paying to us any fees could cause us to violate any applicable law, statute, ordinance or regulation.
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| 3. License. |
| Solely to enable THRIFTY CAPSTONE BUSINESS SERVICES INC. to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. THRIFTY CAPSTONE BUSINESS SERVICES INC. will only use Your Information in accordance with our other policies. |
| 4. Data |
| All data derived by THRIFTY CAPSTONE BUSINESS SERVICES INC. from any user of our system, including statistical information, shall belong to THRIFTY CAPSTONE BUSINESS SERVICES INC. and you agree that THRIFTY CAPSTONE BUSINESS SERVICES INC. shall have the right to use such data as it determines in its sole discretion. |
| F. Access and interference |
1. Our Web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission.
2. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the THRIFTY CAPSTONE BUSINESS SERVICES INC. site or any activities conducted on our site.
3. You acknowledge that patent applications or trademarks cover the THRIFTY CAPSTONE BUSINESS SERVICES INC. system and you will not take any actions, which violate those patent applications or trademarks or are otherwise not consistent therewith, including any unauthorized use of the THRIFTY CAPSTONE BUSINESS SERVICES INC. System.
4. You agree to receive all email/electronic transmissions sent by THRIFTY CAPSTONE BUSINESS SERVICES INC. in connection with or relating to the THRIFTY CAPSTONE BUSINESS SERVICES INC. System
5. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to THRIFTY CAPSTONE BUSINESS SERVICES INC. by our Users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Web site without the prior expressed Thrifty Capstone Business Services Inc.ten permission of THRIFTY CAPSTONE BUSINESS SERVICES INC. or the appropriate third party. |
| G. Breach |
| Without limiting other remedies, we may immediately remove you from our system, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
you breach this Agreement or the documents it incorporates by reference;
we are unable to verify or authenticate any information you provide to us; or
we believe that your actions may cause financial loss or legal liability for you, our Users or us.
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| H. No Warranty |
| We, our subsidiaries, employees, joint venture partners and our suppliers provide our Web site and services "as is" and without any warranty or condition, express, implied or statutory. We, our subsidiaries, employees, joint venture partners and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. |
I. Force Majeure
In the event THRIFTY CAPSTONE BUSINESS SERVICES INC.'s delivery of its services is delayed, prevented or otherwise made impracticable by reason of any acts of God, floods, earthquakes, or other natural catastrophes; national emergencies, strikes, lockouts or other labor difficulties; computer "hacking" attack or computer virus; any law, order, regulation or other action of any governing authoThrifty Capstone Business Services Inc.y; or any other cause beyond THRIFTY CAPSTONE BUSINESS SERVICES INC.'s reasonable control, THRIFTY CAPSTONE BUSINESS SERVICES INC. shall be excused from such delivery to the extent that its delay is prevented by such cause. |
J. Liability limit
In no event shall we, our subsidiaries, employees, joint venture partners or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence).
Our liability, and the liability of our subsidiaries, employees, joint venture partners and suppliers, to you or any third parties in any circumstance is limited to the greater of the amount of fees you pay to us in the one month period prior to the action giving rise to liability. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. |
K. Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, members, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. |
L. Legal compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items and services. |
M. No agency
You and THRIFTY CAPSTONE BUSINESS SERVICES INC. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. |
N. Notices
Except as explicitly stated otherwise, any legal notices shall be given by certified mail (postage pre-paid and return receipt requested) to: Reliable It at 10 City Sq Boston MA 02129 Attn: President
Notice shall be deemed given 5 days after it is sent. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to THRIFTY CAPSTONE BUSINESS SERVICES INC. during the registration process. In such case, notice shall be deemed given 5 days after the date of mailing. Notice may also be given by overnight courier mail through a nationally recognized courier service, which notice will be effective when actually received. |
O. Arbitration
Any controversy or legal claim arising out of or relating to this User Agreement or our services, excluding legal action taken by THRIFTY CAPSTONE BUSINESS SERVICES INC. to collect our fees and/or recover damages for, or obtain an injunction relating to, the THRIFTY CAPSTONE BUSINESS SERVICES INC. site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in a location of our choice, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or THRIFTY CAPSTONE BUSINESS SERVICES INC. may seek any interim or preliminary relief from a court of competent jurisdiction in a location of our choice necessary to protect the rights or property of you or THRIFTY CAPSTONE BUSINESS SERVICES INC. pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs. |
P. Assignments
You agree that this User Agreement and all incorporated agreements may be automatically assigned by THRIFTY CAPSTONE BUSINESS SERVICES INC. in our sole discretion, to a third party in the event of a merger or acquisition or similar corporate transaction. |
Q. General
This Agreement shall be governed in all respects by the laws of the State of Massachusetts, MA as such laws are applied to agreements entered into and to be performed entirely within MA between MA residents. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise indicated, all provisions of the User Agreement shall survive any termination or expiration of this Agreement. |
| 2. Additional Terms and Conditions for Clients of THRIFTY CAPSTONE BUSINESS SERVICES INC. |
A. Identity Verification
We use many techniques to identify Service Providers when they register on our site. However, because user verification on the Internet is difficult, THRIFTY CAPSTONE BUSINESS SERVICES INC. cannot confirm each Service Provider's purported identity. We encourage you to communicate directly with potential Service Providers through the tools available on our site.
B. Work Order Creation
As a Client, you are obligated to complete the transaction with the Service Provider if you:
1. Create a Work Order, select specific services to be purchased, select a date and time for that service and agree to the charges on your credit card.
2. Cause a work order to be created via one of our phone agents, select specific services to be purchased, select a date and time for that service and agree to the charges on your credit card.
3. By selecting certain Services you agree to be bound by the conditions of service included in these terms and conditions.
4. In the event that a Work Order is cancelled after acceptance, but prior to a technician taking any action, the Work Order is subject to a cancellation fee if the Client has set an appointment and the cancellation occurs less than 24 hours (1 business day) prior to the appointment time/date. The cancellation fee for this situation is currently $50.00 which is subject to change from time to time.
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C. Each Client, by using the THRIFTY CAPSTONE BUSINESS SERVICES INC. System, represents to and agrees with THRIFTY CAPSTONE BUSINESS SERVICES INC. as follows:
1.Such Client agrees to pay to THRIFTY CAPSTONE BUSINESS SERVICES INC. the fee specified on the applicable Fee Schedule each time it enters a work order request. The fee shall be automatically be charged to the Client's THRIFTY CAPSTONE BUSINESS SERVICES INC. Account. Once a work order request has been entered the fee will be charged.
2.Such Client acknowledges that THRIFTY CAPSTONE BUSINESS SERVICES INC. has expended significant sums to create its network, which is proprietary and is covered by applications pending in the U.S. Patent Office and the U.S. Trademark Office. Each Client will not attempt to circumvent the THRIFTY CAPSTONE BUSINESS SERVICES INC. System in any way, including dealing outside of the THRIFTY CAPSTONE BUSINESS SERVICES INC. System with any Service Provider introduced to the Client through the THRIFTY CAPSTONE BUSINESS SERVICES INC. System. In addition, no Client may employ directly any such Service Provider. As liquidated damages for failure to comply with the foregoing a Client will pay to THRIFTY CAPSTONE BUSINESS SERVICES INC. immediately upon demand either:
a.ten times the value of the service provided outside the THRIFTY CAPSTONE BUSINESS SERVICES INC. System; or b.one-third of the full-year compensation of any Service Provider employed or contracted.
3.Such Client understands and agrees that THRIFTY CAPSTONE BUSINESS SERVICES INC. has no responsibility for the actions or inactions of Service Providers listed on the THRIFTY CAPSTONE BUSINESS SERVICES INC. system, and will indemnify and hold harmless THRIFTY CAPSTONE BUSINESS SERVICES INC. against any claims or liabilities arising directly or indirectly from Client's action or inaction, whether a claim of the Client or a third party.
4.Such Client acknowledges that the Service Providers are "independent contractors" and will comply with the terms of engagement for Service Providers contained in the THRIFTY CAPSTONE BUSINESS SERVICES INC. Policies.
5.Client acknowledges that Service Provider who supply parts may use new OEM Parts, refurbished parts or after-market parts at the Service Providers discretion unless Client specifically requests otherwise in the work order.
6.Client agrees that if any instructions contained in their work order should cause a claim (i.e ask a technician to represent himself to the end user in a non authorized manner) that Client indemnifies THRIFTY CAPSTONE BUSINESS SERVICES INC. from any damages.
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D. Refund Policy.
THRIFTY CAPSTONE BUSINESS SERVICES INC. will refund any unused portion of the Client's funds on deposit with the company in the event that the Client is unsatisfied with the use of system. All refunds will be made within 30 days after the closing of the Client's request(s) for serivce. An account cannot be closed in the event there are any open, pending or disputed work orders in the system. |
E. Expiration of Deposits.
Client deposits with THRIFTY CAPSTONE BUSINESS SERVICES INC. do not have any expiration date. However, in the event that an account is inactive on the THRIFTY CAPSTONE BUSINESS SERVICES INC. system for twelve months, the account may be subject to maintenance and administrative fees or closure. |
| By completing the registration process and selecting the checkbox that states that you agree to these policies, you agree to be legally bound by all of the terms and conditions set forth in the THRIFTY CAPSTONE BUSINESS SERVICES INC. Policies, specifically including the provisions relating directly to Clients and Providers, as the case may be. |
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