The Foojee Terms of Service are organized as follows:
General Terms - apply to all Services and Foojee web site use.
Remote Services - apply to all Services provided remotely (not on-site at customer location).
On-Site services - apply to all Service provided on-site (at Customer location).
@Foojee Services - apply to all Services provided at Foojee Facilities.
Web Site Use Policy - apply to the visit and use of the Foojee web site (Foojee.com)
I. Foojee GENERAL TERMS OF SERVICE
(a) You agree to indemnify, defend and hold Foojee, and its employees, subsidiaries, agents and representatives harmless from and against any liability arising from or in any way related to your use of Foojee services, (excluding liability directly attributable to the gross negligence of Foojee) including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature, known and unknown, foreseeable and unforeseeable, disclosed and undisclosed. In each case, Foojee will provide you with written notice of such claim, suit or action.
(b) As between you and Foojee, the website and any services or goods obtained from Foojee are provided "as is" with no warranty of any kind. Foojee and suppliers to Foojee expressly disclaim all warranties, express or implied, regarding services and all communications between Foojee and customers, including any implied warranty of quality, availability, merchantability, fitness for a particular purpose or non-infringement.
(c) Under no circumstances will Foojee or suppliers to Foojee be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of Foojee services, including, without limitation, lost or corrupted data or for your inability to use your computer equipment or other products or injury or damages resulting from use of the Foojee services, including, without limitation, if you choose to meet with Foojee in person, whether or not Foojee has been advised of the possibility of such damages. Without limiting the generality of the foregoing, Foojee and its suppliers' aggregate liability to you arising with respect to this agreement and expert services provided to you will not exceed the total fees actually collected from you by Foojee under this agreement (after payments to any and all third parties) in the twelve (12) months prior to the event giving rise to the liability. Foojee will not be liable for the consequences of any interruptions or errors relating to the site and the provision of expert services. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
(d) Foojee WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR DIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES AS SUCH, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUES, COST OF REPLACEMENT GOODS, OR EXPENSE OR INCONVENIENCE CAUSED BY ATTEMPTED DATA RECOVERY. Foojee WILL HAVE NO RESPONSIBILITY FOR DATA AND WILL HAVE NO LIABILITY ARISING OUT OF ANY DAMAGE TO OR LOSS OF SUCH DATA WHILE THE PRODUCT IS IN OUR POSSESSION.
(e) Foojee reserves the right to refrain from providing any or all requested services and instead refund your payment, wholly or in part, on the basis that your technical needs or other requirements are unusual or extensive and beyond the scope of Foojee as reasonably determined by, and at the sole discretion of Foojee.
(f) If Foojee's ability to render services is impaired by you or circumstances beyond the control of Foojee, Foojee may choose not to provide or to discontinue services.
(h) LEGAL NOTICE - Onsite Technical Consulting, LLC (d.b.a. Foojee), 925B Peachtree Street NE, Suite 459, Atlanta, GA 30309. Contact Foojee at 770-650-5980.
II. Foojee REMOTE SERVICES TERMS OF SERVICE
(a) Foojee General Terms of Service Apply.
(b) Foojee will attempt to diagnosis your technology problem, provide an estimate of applicable service fees (plus applicable taxes), and then provide you with a technology solution via telephone conversation, email conversation or remote access to your computer via the Internet. In certain cases, however, problem diagnosis and support may not be completed because of a problem with your computer or its configuration that is beyond our control.
(c) Remote support services may be offered to you via the Internet if your computer was built within the last four years, you have a working cable or DSL high speed Internet connection, and your operating system is Apple OSX, or newer. If you elect to receive remote support, then Foojee remotely logs on through your high-speed Internet connection to view your computer desktop in contact with you via a chat session to keep you fully briefed on every step of the process as your technology problem is resolved. Remote support may involve the installation of software on your computer that will allow Foojee to provide the remote support services. By electing to receive remote support, you agree to allow Foojee to use whatever tools deemed necessary to repair your computer, including remote access. 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 or PDF file placed on your computer that will explain the work that was done on your computer. If such a text or PDF 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.
III. ON-SITE SERVICES TERMS OF SERVICE
(a) Foojee General Terms of Service Apply.
(b) Standard service hours are Monday-Saturday, 8 AM - 6 PM. Additional charges may apply for rapid response services or service outside of standard installation hours.
(c) Foojee sets the Service Jurisdiction for each community. If a location lies beyond Foojee's standard Service Jurisdiction, additional trip charges may apply. To determine if your location is within the Foojee standard Service Jurisdiction, please call 770-650-5890, or visit www.foojee.com, for information pertaining to applicable trip charges.
(d) An Adult Must Be Present At Residences or Business: For on-site services, a person of at least 18 years of age must be present during the entire time period services are provided. IF Foojee ARRIVES AT THE SCHEDULED SERVICE TIME AND NO ADULT IS PRESENT, SERVICES WILL BE DENIED AND A $139 CANCELLATION CHARGE WILL BE ASSESSED.
(e) Minimum System Requirement:
Password(s) for operating systems(s) and/or ISP must be available at the time of service.
MacOS v10.4 or greater.
Operating System disc and Key Code must be available at the time of service.
All computers and/or peripherals to be networked must be in good working order and Spyware-free.
(f) Foojee must receive full access to the computer(s) and/or peripheral(s) to be serviced, access to your residence, your consent and cooperation to enter your residence or business, and a safe working environment, working space and electrical power. IF Foojee ARRIVES AT THE SCHEDULED SERVICE TIME AND A DETERMINATION IS MADE THAT REASONABLE ACCESS, COOPERATION, OR A SAFE WORKING AREA AS DESCRIBED IN THE PREVIOUS SENTENCE IS NOT EVIDENT, THEN SERVICES MAY BE DENIED AND A $139 CANCELLATION CHARGE WILL BE ASSESSED.
(h) To change your order you must contact Foojee at 770-650-5890.
(i) You may cancel your order if you give Foojee at least 4 hours notice prior to the scheduled performance of services. Cancellations must be completed by calling 770-650-5890. If you prepaid for your order, the payment amount will be fully refunded via a company check. Checks typically arrive in 2-4 weeks.
IV. @Foojee SERVICES TERMS Of SERVICE
(a) Foojee General Terms of Service Apply.
(b) @Foojee services are on a first come first serve basis. We may give you an estimate of when your computer might be completed, but this is not a guaranteed completion time. You will be called when your computer is completed.
(c) You must own the computer that you bring in for repair. Foojee will only return the computer to the owner when the repair work is completed. You must own any software that is to be installed or re-installed. You will need to bring the original software CDs with the appropriate keys and/or serial numbers.
(d) Due to the process of repair, data may get damaged or at worst deleted. Foojee is not responsible for the loss of any data, which may occur while performing work on your computer. You are responsible for backing up your own data (please refer to Foojee General Terms of Service, provision I(d)).
(e) If your equipment is not picked up within ninety (90) days after we notify you your computer is ready to be picked up, we will treat your equipment as abandoned. Your equipment will be recycled.
V. Foojee.com WEB SITE USE POLICY
(a) Foojee General Terms of Service Apply.
(b) Your access to and the use of Foojee.com is subject to the following terms and conditions, as well as all applicable laws. Your access to the web site is in consideration for your agreement to the Use Policy, whether or not you are a registered user. By accessing, browsing, and using Foojee.com, you accept, without limitation or qualification, these Terms and Conditions of Foojee.com WEB SITE USE.
(c) There are sections of Foojee.com that connect you to other sites outside of the control of Foojee. These terms and conditions apply ONLY to those areas that are on Foojee.com.
(d) Foojee maintains the right to modify the Use Policy, and may do so by posting notice of such modifications on this page. Any modification made is effective immediately upon posting the modification (unless otherwise stated). Your continued use of Foojee.com following the posting of any modification signifies your acceptance of such modification. You should visit this page, periodically, to review the current Use Policy.
(e) You agree to access and use Foojee.com for lawful purposes, ONLY. You are solely responsible for the knowledge of and adherence to any and all laws, statues, rules, and regulations pertaining to your use of Foojee.com. By accessing Foojee.com, you agree that you will NOT:
Use Foojee.com to commit a criminal offense, or to encourage others to conduct acts that would constitute a criminal offense or give rise to civil liability;
Post (or transmit) any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable content;
Use the web site to impersonate other parties or entities;
Use the web site to upload any content that contains a software virus, such as a Trojan Horse or any other computer codes, files, or programs that may alter, damage, or interrupt the daily function of the web site (or the hardware/software of any other person who may access the web site);
Upload, post, e-mail, or otherwise transmit any materials, that you do have the right to transmit under any law (or under any contractual relationship);
Alter, damage, or delete any content posted on the web site;
Disrupt the normal flow of communication in any way;
Claim a relationship with or speak for any department, division, organization, unit, etc., which you are not authorized to claim such a relationship;
Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation;
Post any material that infringes (or violates) the intellectual rights of others; or
Collect (or store) personal information about others.
(f) Certain portions of Foojee.com are limited to registered users, and/or may allow a user to request support/services online by entering personal information. You agree, that any personal information provided to us is complete and accurate, as well as given to us at your own risk. Also, you agree not to register under the name of, nor attempt to enter the web site under the name of, another person, and you will not adopt a user name that Foojee, in its sole discretion, deems offensive.
(g) Foojee may (in its sole discretion) suspend/terminate your access to Foojee.com, as well as the use of this web site without notification, including the violation of the Use Policy, or for other conduct that Foojee deems is harmful/unlawful to others. Note: In the event of termination, you are no longer authorized to access Foojee.com, and Foojee will use whatever means necessary to enforce this termination.
(h) There are some links on Foojee.com that are not maintained/operated by Foojee. Foojee does not control these web sites, nor do we review their content. Foojee provides these outside resource links to users for their convenience. The listing of links are not an endorsement of information, products, or services, and do not imply a direct association between Foojee and the operators of the outside resource links.
(i) The Use Policy is stating that you specifically agree NOT to utilize e-mail addresses obtained by browsing through Foojee.com to transmit the same or substantially similar unsolicited message to 10 or more recipients in a single day. Also, you agree NOT to transmit the same or substantially similar unsolicited message to 20 or more recipients in a single week (seven consecutive days), unless it is required for legitimate business purposes. Note: Foojee (in its sole and exclusive discretion) will determine violations of limitations on e-mail usage Set forth in this Use Policy.
(j) Foojee has the right to monitor the content that you provide. We reserve the right to delete, move, and/or edit any postings that come to our attention, which we consider to be unacceptable or inappropriate whether for legal or other reasons. Note: The United States and foreign copyright laws, as well as international conventions protect the contents of Foojee.com web site. (You have agreed to abide by all copyright notices by entering Foojee.com)
(k) You expressly understand and agree that your use of FOOJEE.com, or any material available through the web site, is at your own risk. Neither Foojee nor its employees warrant that the web site in question will be uninterrupted, problem-free, free of omissions, or error-free; nor do they make any warranty as to the results that may be obtained from the use of the web site. The content and function of Foojee.com web site are provided to you as is, without warranties of any kind, either express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose or use.