Terms Of Service
because everyone needs to know the rules of engagement...
IF YOU ACCEPT THIS AGREEMENT, IT WILL APPLY TO ALL YOUR SERVICE PLANS FROM JUSTIN BATZ, INCLUDING ALL YOUR EXISTING PLANS. YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS WILL BE IMPLIED BY YOUR EXPLICIT USE OF ALL SERVICES PROVIDED BY JUSTIN BATZ OR BY YOUR EXPLICIT USE OF THIS WEBSITE. THESE TERMS AND CONDITIONS ARE A BINDING AGREEMENT BETWEEN JUSTIN BATZ AND ALL POTENTIAL AND EXISTING CLIENTS. RESTITUTION WILL BE SOUGHT FOR ALL UNAUTHORIZED USE OR DISTRIBUTION OF THESE TERMS AND CONDITIONS.
AUTHORIZATION OF USE OF THESE TERMS AND CONDITIONS MUST BE SOUGHT BY CONTACTING JUSTIN BATZ AND RECEIVING EXPRESSED WRITTEN CONSENT BY JUSTIN BATZ HIMSELF.
THESE TERMS AND CONDITIONS, TOGETHER, WITH EACH ACCEPTED CMSA (SUBMITTED BY YOU), ANY ADDITIONAL TERMS MENTIONED FOR YOUR PLAN ORDER AND THE SATISFACTION OF SERVICE FORM, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND JUSTIN BATZ (THE "AGREEMENT").
The CMSA & Satisfaction of Service Form will bind as one half of the “Agreement” as acknowledged by Justin Batz The "Agreement" is made complete with the acceptance of the Terms and Conditions and is REQUIRED to obtain Service. (defined below).
Software, Materials, Services and other related information are collectively referred to as "Content."
or "you" "You" means you individually, any person, agent or representative able to make business decisions for your home, small business, online business or enterprise including any employer or agent that you are acting on behalf of.
"TECH AT YOUR FINGERTIPS"
Copyright 2019, “Tech At Your Fingertips" All Rights Reserved. Abbreviated herein as Justin Batz.
Copyright 2009, "JustinBatz.US" All Rights Reserved. Abbreviated herein as Justin Batz.
Copyright 2009, "webservicesjamestown.com" All Rights Reserved. Abbreviated herein as Justin Batz.
Copyright 2019, "computerservicesjamestown.com" All Rights Reserved. Abbreviated herein as Justin Batz.
"Subscription Based Plans"
“Subscription Based Plans” or “Subscription/(s)” are tenured Subscription plans offered by Justin Batz that are active for a specific period of time and will not include any incident-based plans such as “Per Incident Plan” or the like.
"Services" AND "Website"
All references to "Services" refer to any service provided by Justin Batz for Computers and Networks. Any subscription plan that you enter with Justin Batz through use of the Website located at any website within the Justin Batz Network of websites or by calling Justin Batz’s phone number as listed on the Website or any other platform. These Terms govern all services for Computers & Networks available through the Justin Batz Website, and any use of the Website. In the event of any conflict, these Terms control any valid Plan Order form including the Scheduling of Service that you submit requesting Services ("Plan Order").
"Materials" mean any web casts, download area, white papers, press releases, datasheets, FAQs, product information, quick reference guides, database or other works of any kind that are made available to download from the Website which are a proprietary and copyrighted work of Justin Batz and his Independent Contractors and/or suppliers such as a Third-Party Business.
The definition of "Materials" ALSO includes the design and layout of the Website as well as any owned, operated, licensed or controlled website including website's with Designed By: "Justin Batz or Tech At Your Fingertips" or any other vernacular resembling "Justin Batz", with the term "Designed" or “Created” which includes a back-link directly to any of the websites within the Justin Batz Network. (However, “materials” do not include Websites that say “Website Administrated by: Justin Batz or Tech At Your Fingertips which include a back-link to )
means a computer program of any kind, whether owned by Justin Batz or a third-party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both Justin Batz. Software and third-party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply ("License Terms").
"Authorized Use or Distribution"
"Authorized Use or Distribution" means using information, data, software, etc. for all legally acceptable practices including company expansion. This includes the recruitment of new clients, sub-contractors, independent contractors, employees and authorized agents or strategic partnerships.
"UnAuthorized Use or Distribution"
"UnAuthorized Use or Distribution" means using information, data, software, etc. for all damaging or illegal practices including but not limited to the slandering of Justin Batz. his Authorized Agents, sub-contractors, independent contractors, employees, clients or strategic partners. This can be done through but not limited to such means as, theft of proprietary company documents, software, hardware or concepts, packet injection, malicious intrusions, remote configuration or editing of Company Servers, Computers or other Company Devices including but not limited to this website and other controlled media. This also includes any un-authorized re-distribution of all information, data, software, etc. owned or controlled by Justin Batz.
SUBMISSION OF PLAN ORDERS; SERVICE PLANS
You may order Services by submitting Plan Orders through the Justin Batz Website or by calling Justin Batz. Once Justin Batz accepts the Plan Order submitted by you, then you will receive an email from Justin Batz at the email address that you provide or have provided to Justin Batz as part of the Registration Process for the Services. Justin Batz is not responsible for rendering Services in connection with any Plan Order that it HAS NOT accepted. Upon acceptance by Justin Batz of a Plan Order, you will have a Service Plan.
Subject to the Terms and Conditions, and other terms specific to each Service Plan, Justin Batz will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Justin Batz will attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances including remote access or visitation. You understand that if remote access is used on your computer there will be no residual software from the remote session; however, there may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. All undertakings under Service Plans are subject to Justin Batz’s Limited Warranty, which is set forth below. For more information, please refer to online documentation, by mail or submit an inquiry to . You agree to pay all Service Fees and any other applicable fee/charges as set out in the relevant Plan Order in accordance with the Payment Terms provided below.
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. Justin Batz has no obligation to render Services under any Service Plan if the payment(s) as required under any Plan Order have not been made.
You understand that certain Service Plans may have fees included, but not limited to “Service Fees” and/or “Activation Fees” payable either on an annual basis (“Annual Payment Plan”) or monthly (“Recurring Payment Plan”). Subject to the applicable Term Plan, all payments under the Annual Plan shall be made up-front at time of commencement of the subscription cycle. For payments under the Recurring Payment Plan, apart from the monthly installments of the “Service Fee”, payable over a one (1) year payment term, you shall be charged an additional non-refundable “Activation Fee” at the time of registration, as specified in the Plan Order. The fee (including Activation Fee) will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order. All fees under this clause or a relevant Plan Order, are payable at the time of commencement of the Service Plan.
When you purchased the Service, you agreed to a specific price and plan, where such plan may be for a term of monthly, quarterly, annually or semiannually (“Term Plan”). All terms of Service Fees and/or any other fee payable under any mode of payment for a Subscription shall be set forth in the applicable Plan Order. Similarly, some plans may offer a discount on the Service if you sign up for other services from Justin Batz (“Bundle Discount”). You agree to maintain your Service and the bundled services for the applicable term. If you signed up for a Term Plan or a Bundle Discount, the price available with those plans is valid until one of the following occurs:
(1) the Term Plan expires;
(2) you drop one of the Justin Batz services you were required to purchase to receive the special rate as notified to Justin Batz; or
(3) You terminate the agreement/Service Plan before the expiry of the relevant term.
CREDIT CARD BILLING
You may be asked to provide us with a credit card number from a card issuer that we accept to activate your Service. You hereby authorize Justin Batz to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described here-in without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize Justin Batz and/or any other company who bills products or services, or acts as billing agent for Justin Batz to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide Justin Batz with updated credit card information upon Justin Batz request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Justin Batz nor any of his affiliates will have any liability whatsoever for any non-sufficient funds or other charges incurred by you because of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described here-in to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described here-in may be charged, at Justin's discretion, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, Justin will charge you an additional $15.00.
You agree and acknowledge that a Subscription under the Recurring Payment Plan will automatically renew for a month, unless notified otherwise by You (“Auto Renewal”). However, a Subscription under the Annual Payment Plan does not automatically renew and expires at the end of the applicable Term Plan.
Your credit card will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registering with Justin Batz.
If you would like to opt out of the Auto Renewal, please call Justin at 1-701-204-4770 at least 30 days prior to your subscription end date to discontinue your service.
For subscription based plans, a full refund will be issued if Justin Batz has not been able to resolve even a single issue for you within the first 15 days of the subscription.
If there are one or more resolved issues, the fees for the Subscription Service will not be refundable. Notwithstanding this Justin Batz may, at his sole discretion and on a case by case basis, agree to a refund of Subscription fees after deducting charges for servicing the Customer.
For incident based plans, you will be eligible for refund when any of the following criterions are met:
You have all the prerequisites which were required to resolve the problem and Issue was not resolved until the account was active.
The issue was out of scope based on the service plan
15 days have not passed after the issue was last worked upon by Justin Batz or suitable technician
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services, Materials and Software are solely for your personal and non-commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only regarding Services under a valid Service Plan.
NO UNLAWFUL OR PROHIBITED USE
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
Though Justin Batz has no limits on the amount of online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber's use of the support services for the subscription based plans are subject to Justin's "fair use" policy. Under this policy, if at any time, in Justin’s sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, then Justin reserves the right to suspend or terminate Subscriber's Subscription Services. In addition, Justin Batz reserves the right to suspend or terminate any Subscription Services of any Subscriber that he, in his sole discretion, determines are being used
(b) by any person other than Subscriber, or
(c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to Justin Batz; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
USE OF COMMUNICATION SERVICES
You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
Use the Communication Services relating to surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, decompression bombs or any other similar service or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity to mislead Justin Batz or others.
Use, download or otherwise copy, or provide (regardless if for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof.
Justin Batz has no obligation to monitor the Communication Services. However, Justin reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Justin Batz reserves the right to terminate your access to all the Communication Services at any time, without notice, for any reason whatsoever.
Justin Batz reserves the right at all times to disclose any information as Justin deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Justin’s sole discretion.
Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
No Lawful Business, Client, Consumer, Charitable Organization, Community, Government or any other lawful institution may create hyperlinks to any portion of the Justin Batz network without the expressed written permission by Justin Batz or any other legal representative of Justin Batz nor any Materials or Software posted there-in.
GUESTS; LIMITED LICENSE TO USE OF TECH @ YOUR FINGERTIPS SERVICES & SOLUTIONS
If you are not currently subscribed for a Service, then you are regarded as a "Guest". Usage of the Website by current Justin Batz customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a "Guest".
As a Guest, you may use the Justin Batz Website and Materials specifically designated as available to guests on the Website for the limited purposes of
(a) deciding whether to subscribe to the Services provided by Justin Batz,
(b) registering with Justin Batz. and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.
Justin Batz may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with Justin Batz. employees and others as appropriate to your Service under a Plan Order (each a "Communication Service" and collectively "Communication Services"). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.
LIMITED LICENSES TO USE THE TECH @ YOUR FINGERTIPS PORTAL, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software posted on the Justin Batz website, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
GENERAL LICENSE RESTRICTIONS
Any other use of the Justin Batz Website, Services, Materials or Software, other than as explicitly permitted by Tech At Your Fingertips is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Justin Batz. and its suppliers. Reverse engineering and DE compilation of the Software is strictly prohibited.
Regarding obtaining Services, you agree that you will cooperate with Justin Batz or the Customer Service Representative: We will always use commercially reasonable efforts to provide support to you. Our experience shows that most issues can be corrected because of close cooperation between you and the representative. Please listen carefully to the representative and follow their instructions. You must confirm that the following conditions are true:
The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with Justin Batz or his support personnel.
Software/Data Backup: You understand and agree that Justin Batz shall under no circumstance be responsible for any lost or corrupted software or data. Justin Batz strongly recommends that you claim responsibility for the initial backup of all of your personal photos, music, videos and documents and this has been acknowledged to the representative in the form of confirming you have your own disaster recovery plan in place.
Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for all activities that occur under your account.*
*: You agree to notify Justin Batz immediately of any unauthorized use of your account or any other breach of security. Justin will not be liable for any loss that you may incur because of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Justin Batz or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJEURE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of Justin’s reasonable control (e.g., acts of God, a large-scale outbreak of a new computer virus, DDoS/DoS (Distributed Denial of Service or Denial of Service) attacks, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in Justin's ability to schedule a support session. You hereby release Justin Batz from all liability, and agree that Justin Batz shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. Justin Batz or his suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability to perform maintenance activities and to maintain session control.
EXCLUSIONS FROM "SERVICES"
"Services" shall not include the following:
any item or activity not covered by the terms of a Plan Order;
service beyond the duration limitations identified in your Plan Order;
problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan; Problems that may and do result from:
External causes such as accident, abuse, misuse, or problems with electrical power;
Usage that is not in accordance with product instructions provided by manufacture;
Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
Problems caused by using accessories, parts, or components not compatible with the product.
Non-Compliance with the Justin Batz or one of his technician’s instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE WEBSITE, OR THROUGH A SERVICE
For your convenience, Justin Batz may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of
(a) the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or
(b) if there is no EULA, these Terms and Conditions.
The Materials and Software are made available for download solely for use by you according to
(a) the EULA, and
(b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
No logo, article, graphic, sound, software or image from any Justin Batz Website may be copied or retransmitted unless expressly permitted by Justin Batz through written consent.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.
END USER LICENSE AGREEMENTS (EULA) - GENERALLY
Regarding our Service, we may provide to you, the use of certain software which is owned by Justin Batz or his third-party licensors, and suppliers. We as well as the third-party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose.
The Software may be accompanied by a EULA from Justin Batz or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.
EULA FOR TECH AT YOUR FINGERTIPS SOFTWARE
Regarding any Software made available to you by Justin Batz through the Website for which your acceptance of a separate license agreement is not required ("TECH AT YOUR FINGERTIPS Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by Justin Batz to use this Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the Tech At Your Fingertips Software. You agree that this Software is the confidential and proprietary information of Justin Batz or his third-party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted here-in. You may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Tech At Your Fingertips Software, or otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third-party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Tech At Your Fingertips Software. You acknowledge that this license is not a sale of intellectual property and that Justin Batz or his third-party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Tech At Your Fingertips Software and related documentation, as well as any corrections, updates and upgrades. The Tech At Your Fingertips Software may be used in the United States only, and any export of this Software is strictly prohibited.
THIRD PARTY PRODUCTS
As part of the Services, Justin Batz may suggest that you acquire, install and use certain third-party software or services ("Third-Party Software"). ThirdParty Software is licensed to you by the respective owners or licensees of the Third-Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third-Party Software, whether Justin Batz assists you in the acquisition, installation, and/or use of ThirdParty Software. Justin Batz has no responsibility or rights to the Third-Party Software and does not license Third-Party Software to you or make any representation or warranty regarding the Third-Party Software.
Your license to the Tech At Your Fingertips Software shall remain in full force and effect unless and until terminated by Justin Batz his third-party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the Service Plan and the Tech At Your Fingertips Software and immediately delete the Software from your computer.
To the extent that we provide technical assistance and support for Third-Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third-Party Software or purchased such equipment. We make no representation or warranty that we are an authorized service provider for Third-Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third-Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third-Party Software or equipment.
THIRD PARTY AGREEMENTS
As part of the Services, Justin Batz may suggest certain third-party services to you. If you choose to subscribe to or otherwise use any third-party services, your use of any such services is subject to the terms of service of such third-party service provider. You agree to comply with such provider's terms of service and that the third-party provider is solely responsible for delivery of its service(s) to you and your use of them. Third-party services include, but are not limited to technical support, portal, training, music, gaming and storage services that Justin Batz may elect to make available from time to time. Violation of such third-party provider's terms of service may, in Justin’s sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY JUSTIN BATZ DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER MERCHANTABILITY OR FITNESS FOR A PURPOSE, OR OTHERWISE. IF YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO
(A) ALLOW JUSTIN BATZ TO RE-PERFORM THE SERVICES SUBJECT TO DISPUTE,
(B) RE-DOWNLOAD AND RE-INSTALL THE SOFTWARE.
SOME OF JUSTIN BATZ’S SERVICE PLANS COME WITH VARYING LIMITED SERVICE WARRANTIES AS PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS. THESE LIMITED SERVICE WARRANTIES ARE SUBJECT TO FULFILLMENT OF THE TERMS FOR THE SPECIFIC SERVICE PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT
JUSTIN BATZ AND/OR HIS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. JUSTIN BATZ AND/OR HIS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PURPOSE, TITLE AND NONINFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JUSTIN BATZ AND/OR HIS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL JUSTIN BATZ AND/OR HIS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA REVENUE OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, INCURRED BY YOU OR ANY THIRD-PARTY, WHETHER ARISING OUT OF OR REGARDING THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in no event shall Justin Batz be liable to you more than the amounts paid by you to Justin Batz under the Plan Order that is the subject of the dispute.
LIMITATIONS ON ACTIONS
Any cause of action by you must be commenced within sixty days (60) days after the cause of action arose or it shall be forever waived and barred.
TERM AND TERMINATION
Justin Batz at his sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of Justin Batz:
you are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third-Party Software;
your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Justin's network, or the use and enjoyment of Justin's other users;
Justin Batz receives an order from a court to terminate the Service you are availing;
If Justin Batz for any reason ceases to offer the Service;
If you are no longer a Justin Batz customer, or
Justin Batz determines that you are abusing the Service. Justin Batz, at his sole discretion, may refuse to accept your request for Service, renewal or re-subscription following a termination or suspension of your use of the Service.
If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. Justin's failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
The Website is available for view internationally and may contain references to Justin Batz’s products, services, and programs that are not available in a viewer's country. These references do not imply that Justin Batz intends to make such products, services, or programs available in countries where products, services and programs are currently unavailable or visible. Visibility does not equal availability.
MODIFICATION OR AMENDMENTS
(a). posting a revised version of the Terms of Service on the Website (),
(b). sending information regarding any amendment to the Terms of Service to the email address you provide to Justin Batz regarding registration.