PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These terms govern any computer support services provided computer (the Site and the computer support services are collectively referred to as the (“Services”) provided by MinuteFix, its subsidiaries, affiliates and contractors. By accessing, ordering or using the Services online via the Site, you and other users of the Services (collectively, “Users”) agree to these Terms and our Privacy Policy available at www.MinuteFix.com. If User does not agree to these Terms, User may not access or use the Services.

MinuteFix provides Users with access to and use of the Services subject to Users compliance with the Terms. MinuteFix reserves the right to refuse to provide the Services to anyone at any time without notice for any reason. Users represent and warrant to MinuteFix that (a) User is at least 18 years old; (b) User has the right, capacity and authorization necessary to legally bind themselves to the Terms; (c) User has read and agrees to the terms of the Privacy Policy on the Site, (d) User will comply with all treaties, laws, rules and regulations applicable to Users use of the Services, (e) any information User submits to MinuteFix is correct and complete, and (f) any payment or credit card information User supplies is correct.

User acknowledges that by their use of the Services User may be authorizing MinuteFix to, upon request, access and control their computer for the purposes of computer diagnosis, service and repair.

In connection with delivering the services, MinuteFix may download and use software, gather system data, take remote control of Users computer and access or modify Users computer settings. By accepting these terms, User hereby grants MinuteFix the right to connect to Users computer, download and use software on Users computer to gather system data, repair Users computer, take remote control of Users computer and change the settings on Users computer while performing the services. User may regain control of User’s computer at any time Services are being utilized. Other than as set forth in the warranty section below, User agrees that MinuteFix has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the services.

MINUTEFIX DOES NOT PROVIDE DATA BACKUP OR RESTORATION SERVICES. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ALL INFORMATION, DATA, TEXT OR OTHER MATERIALS (COLLECTIVELY “CUSTOMER DATA”) AND SOFTWARE STORED ON YOUR COMPUTER AND STORAGE MEDIA BEFORE ORDERING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT MINUTEFIX OR ITS REFERRAL PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF THE SERVICES.

MINUTEFIX DOES NOT PROVIDE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE TO CUSTOMERS. PLEASE ENSURE THAT YOU HAVE A LICENSED COPY OF ALL NECESSARY SOFTWARE.

User may initiate the Services via a visit to the MinuteFix.com webiste or other means made available by MinuteFix. MinuteFix will use commercially reasonable efforts to answer Users personal technology question and resolve Users personal technology problem for a fee as set forth in the Site or quoted to the User. Upon receiving a request for Services, MinuteFix may provide certain portions of the Services via remote control session, online chat or e-mail. MinuteFix may set forth limits to the personal technology we support. Certain Services may have minimum system requirements.

The Services may not be successful because the problem may be beyond MinuteFix’s ability to resolve remotely. MinuteFix will ask User if the session was satisfactory. If yes, then User is billed the quoted price. If the session is not satisfactory, then the session is free of charge. As set forth below, there are no other warranties for the Services.

DISCLAIMER OF WARRANTIES

USER UNDERSTANDS AND AGREES 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. MINUTEFIX DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR COMPUTER PROBLEM. MINUTEFIX MAKES NO WARRANTY THAT THE SERVICES WILL MEET USERS’ 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 USER ACCESSES, DOWNLOADS OR USES WITH THE SERVICES IS DONE AT USERS OWN DISCRETION AND RISK AND USER AGREES THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

MinuteFix may need to download and/or run software on Users personal computer to help diagnose and resolve Users personal technology problem. MinuteFix uses several types of software: the first type provides computer system information to MinuteFix which helps MinuteFix diagnose and resolve Users personal technology problem, the second type allows MinuteFix to remotely control Users computer and modify its settings or software, and the third type generally consists of utilities and other tools to improve computer performance and help resolve Users personal technology problem.

User acknowledges and agrees that use of all MinuteFix 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 User accesses or downloads the Software. User may not access, download or use any Software without agreeing to the terms and conditions of the license agreements without modification. User agrees that MinuteFix may download and utilize Software from third party web sites and accept any applicable license agreements on Users behalf. User acknowledges and agrees that MinuteFix 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 User purchases a license to continue using such Software. User may use the MinuteFix software only in connection with the Services and for no other purpose. User agrees that MinuteFix may, but are not obligated to, remove any Software downloaded to Users computer during the Services after MinuteFix has completed or terminated the Services.

User must cooperate with MinuteFix and promptly respond to MinuteFix requests for information and comply with our requests to take actions to resolve Users personal technology problem. User must consent to the downloading and use of Software on their personal computer and accept all applicable license agreements for the Software.

MinuteFix may, but has 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. User acknowledges and agrees that MinuteFix does 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 and/or our Users. Please see our Privacy Policy for further details.

In order to use certain Services, MinuteFix requires that User register. During the registration process, User may be asked to designate a valid e-mail address and password. User is responsible for maintaining the confidentiality of any password or account information User receives from MinuteFix, and are responsible for all activities that occur using that password or other account information. User must notify MinuteFix immediately upon learning of any unauthorized disclosure or use of Users password or other account information. MinuteFix has no liability for any unauthorized use of the Services under Users account or on Users computer.

The applicable fees for the Services User orders will be available on the Site. The fee for the Services will be charged directly on Users credit card and User agrees to pay the charges applicable to Users selected Services, as well as any applicable taxes. The credit card number will be stored on MinuteFix servers, following Payment Card Industry compliance.

The Services may not always be available in Users time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions.

Users use of the Services is only for personal and noncommercial purposes on Users personal technology, and not for resale or transfer to others. User may not sell, lease or rent access to or use of the Services. User may not allow manufacturers, suppliers or vendors of Users personal support technology, or providers of services relating to such technology, to access or use the Services.

User may not use, download or copy any information, data, text, photographs, graphics, video, or other materials provided with the Services (“Content”) unless: (1) User will use the Content solely for personal, informational and non-commercial purposes; (2) MinuteFix™ trademarks and copyright symbol and statement set forth on each page of the Site appears on each downloaded or copied page; and (3) no modifications are made to any Content. The rights granted to the User in connection with the Services constitute a license and not a transfer of title. MinuteFix reserves the right to revoke the authorization to view, download and print the Content available on the Site at any time, and any such use shall be discontinued immediately upon notice from MinuteFix. Except as expressly provided herein, User may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Content from the Services in whole or in part without the prior written permission of MinuteFix. Any rights not expressly granted herein are reserved by MinuteFix.

User shall not: (a) mirror any Content on the Site on any other server without MinuteFix's prior express written permission, (b) use the Service for any illegal purpose, (c) misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of MinuteFix or its customers or its suppliers, including but not limited interfering with or otherwise disrupting networks connected to the Service, (d) engage in any activities or actions in connection with the Services that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information, (e) engage in any activities that violate the personal privacy or publicity rights of others; (f) access, monitor or use data, traffic, computers, systems, facilities or networks provided with or accessible from the Services, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (g) send unsolicited commercial messages, advertising, informational announcements or communications in any form (“SPAM”) in connection with the Services; or (h) interfere with the Services or any system, service, network, or person accessible from the Services, including without limitation deliberate attempts to overload a system by the multiple postings of messages.

MinuteFix reserves the right, for any reason, in its sole discretion and without notice to User, to modify, terminate, change, suspend or discontinue any and all aspects of the Services, including Content, Software, features and/or hours of availability, and MinuteFix will not be liable to User or to any third party for doing so.

While MinuteFix uses reasonable security measures to deliver the Services, User understands and acknowledges that no data transmission over the Internet can be guaranteed to be 100% secure and in any event MinuteFix cannot guarantee that any personal information User submits to MinuteFix will be free from unauthorized intrusion.

All comments, feedback, information (other than your personally identifiable information or billing information) or materials submitted to MinuteFix (“Submissions”) shall be considered non-confidential and MinuteFix's property. By providing such Submissions to MinuteFix, User agrees to assign to MinuteFix, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. MinuteFix shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. User acknowledges that User is responsible for the Submissions that User provides, and that User has full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. Any or all Submissions User provides in connection with the Services may be purged periodically in MinuteFix’s sole discretion.

Currently, the Services are only available for residents of the United States and Canada. MinuteFix may, from time to time, offer promotions to residents of other countries. User agrees to comply with all applicable laws and regulations, including without limitation, the United States Department of Commerce. User represents and warrants that User is not on the United States' prohibited party list and not located in or a national resident of any country on the United States' prohibited country list.

MinuteFix respects the proprietary rights of software and hardware manufacturers and will not install or support unlicensed materials. The Services, and the Software and Content provided with the Services, are protected by law including copyright, trademark, service mark, patent or other proprietary rights and laws. MinuteFix is the copyright owner or licensee of the Services, Software, and Content, unless otherwise indicated. If User makes use of the Services, Software or Content, other than as expressly provided herein, User may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. MinuteFix 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.

COPYRIGHT NOTICE: Copyright © 2007 - 2008 MinuteFix, Inc. All Rights Reserved.

MinuteFix and all MinuteFix product names, service names, logos, designs, titles, words or phrases are protected under law as the trademarks, service mark or trade names of MinuteFix, Inc. Such trademarks, service marks and trade names may be registered in the United States and internationally. Nothing on the Site should be construed to grant any license or right to use any MinuteFix marks without the written consent of MinuteFix, Inc. All other trademarks, product names, trade names, and logos used within these pages are the property of their respective holders. Use of other company trademarks, trade names, product names and logos or images of the same does not necessarily constitute: (1) an endorsement by such company of MinuteFix and its products, or (2) an endorsement of the company or its products by MinuteFix.

This Site may contain hyperlinks to Web sites that are not controlled by MinuteFix. MinuteFix is not responsible for and does not endorse or accept any responsibility over the contents or use of these Web sites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these Web sites.

User may not provide any type of link to the Site without the express written permission of MinuteFix. MinuteFix reserves the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at MinuteFix’s discretion at any time.

User’s dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such other entity. User agrees that MinuteFix shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on the Services. Likewise, any third parties that may refer User to the Services have no responsibility or liability for the Services provided by MinuteFix.

MINUTEFIX RESERVES THE RIGHT TO CEASE PROVIDING THE SERVICES FOR ANY REASON AT ANY TIME AND INSTEAD, AS USERS SOLE AND EXCLUSIVE REMEDY, REFUND THE FEES PAID FOR THE APPLICABLE SERVICES FOR THE TIME PERIOD, IF ANY, AFTER TERMINATION OF THE SERVICES. IF USER BREACHES THE TERMS NO REFUND WILL BE PROVIDED. OTHER THAN PROVIDING A REFUND WHEN MINUTEFIX TERMINATES FOR CONVENIENCE, MINUTEFIX WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY FOR TERMINATION OF THE SERVICES FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT UPON TERMINATION MINUTEFIX MAY IMMEDIATELY DEACTIVATE OR DELETE USER’S USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN USER’S USER ACCOUNT AND/OR BAR ANY FURTHER ACCESS TO THE SERVICES.

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

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

IN NO EVENT SHALL THE TOTAL LIABILITY OF MINUTEFIX TO YOU IN THE AGGREGATE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SERVICES, SOFTWARE OR CONTENT EXCEED THE GREATER OF THE AMOUNT PAID FOR THE SERVICES AT ISSUE OR US$100.00.

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

IN NO EVENT SHALL THE TOTAL LIABILITY OF MINUTEFIX TO YOU IN THE AGGREGATE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SERVICES, SOFTWARE OR CONTENT EXCEED THE GREATER OF THE AMOUNT PAID FOR THE SERVICES AT ISSUE OR US$100.00.

The information communicated on this Site constitutes an electronic communication. When User communicates with MinuteFix through the Site or other forms of electronic media, such as e-mail, User is communicating with MinuteFix electronically. User agrees that MinuteFix may communicate electronically and that such communications, as well as notices, disclosures, agreements and other communications that MinuteFix provides to User electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by both parties.

Notices and communications to MinuteFix must be sent to the applicable address given in these Terms.

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The headquarters of MinuteFix is currently located at 97 Willow St, San Jose, CA 95110. The charges for the Services are specified on the Site. If you have a complaint regarding the Services or want to request a paper copy of these Terms, please contact MinuteFix by writing to the address above, or by e-mail at customer.support@minutefix.com, or by calling 415.692.1295.

This version of the Terms is effective as of November 14, 2007. The most current version of the Terms is available at www.MinuteFix.com. User should check these Terms periodically for modifications as MinuteFix may modify the Terms from time to time without notice to User. By using the Services following any modifications to the Terms, User agrees to be bound by such modifications. The Terms together with the Privacy Policy and any applicable license agreements constitute the entire agreement between User and MinuteFix and govern Users use of the Services, superseding any prior or contemporaneous agreements between User and MinuteFix. The failure of MinuteFix to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision and the other provisions of the Terms remain in full force and effect. User may not assign the Terms or any of User’s rights or obligations under the Terms without MinuteFix express written consent. The Terms inure to the benefit of MinuteFix successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.