Terms of Service | ANR Tech Support

Terms of Service

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

These terms (the “Terms”) govern your use of the Web site at www.anrresources.com/TechSupport (“Site” or “Website”) and any technology support services provided either by telephone, computer or cellular device (via App) including those applicable, to the Site and the support services are collectively referred to as the “Services” provided by ANR Tech Support, Inc., its subsidiaries, affiliates and contractors (“ANR Tech Support”, “We”, “Our”, or “Us”). By accessing, ordering or using the Services via telephone, online via the Site, or through an App, you (“You” or “Your” means you or, for services designed for businesses, the legal entity that you are authorized to represent and on whose behalf the Services are purchased) and other users of the Services (collectively, “Users”) agree to these Terms and Our Privacy Policy available at ANR Tech Support/legal/privacy policy. If, at Your request, We agree to send Our employees or representatives to Your residence, place of business, or other location designated by You and agreed to by Us in order to provide You with technology support services, then these Terms shall govern such provision of services as well. If You do not agree to these Terms, You may not access or use the Services or permit others to do so on Your behalf.

NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND TIME LIMIT ON SUBMITTING CLAIMS THAT AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

SCOPE OF SERVICES

You may initiate the Services via telephone, via the Site, or other means made available by ANR Tech Support. ANR Tech Support will use commercially reasonable efforts to answer Your technology question and resolve Your technology problem for a fee as set forth in the Site or as quoted on the telephone, as applicable. ANR Tech Support may provide certain portions of the Services via remote control session, online chat or e-mail. We may set forth limits to the technology We support. Certain Services may have minimum system requirements.

ANR Tech Support Services may include Services that are available on a one-time basis, for a fee (“Individual Services”); as well as subscription Services, which are an entitlement to more than one Service over a period of time, for a recurring fee (“Subscription Services” or “Subscription”). Individual Services and Subscriptions are included in the general definition of Services under these Terms.

TERMS OF USE

We provide You with access to and use of the Services subject to Your compliance with the Terms. ANR Tech Support reserves the right to refuse to provide the Services to anyone at any time without notice for any reason. You represent and warrant to Us that (a) You are at least 18 years old; (b) You have the right, capacity and authorization necessary to legally bind Yourself to the Terms; (c) You have read and agree to the terms of the Privacy Policy on the Site, (d) You will comply with all treaties, laws, rules and regulations applicable to Your use of the Services, (e) any information You submit to ANR Tech Support is correct and complete, and (f) any payment or credit card information You supply is correct.

AUTHORIZATION TO ACCESS YOUR COMPUTER; MONITORING OF THE SERVICES AND PHONE CALLS

You acknowledge that by Your use of the Services You are authorizing ANR Tech Support to access and control Your computer or device (collectively “Device”) for the purposes of diagnosis, service and repair.

In connection with delivering the Services, ANR Tech Support may download and use software, gather system data, take remote control of Your Device and access or modify Your Device settings. By accepting these Terms, You hereby grant ANR Tech Support the right to connect to Your Device, download and use software on Your Device to gather system data, repair Your Device, take remote control of Your Device and change the settings on Your Device while performing the Services. Other than as set forth in the warranty section below, You agree that ANR Tech Support 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.

We may, but have no obligation to, monitor and record the Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to ANR Tech Support to monitor and record the Services including phone calls and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to You and Our Users; to protect ourselves and/or Our Users; and to enhance the types of Services We may provide to You in the future. You also grant ANR Tech Support permission to combine Your information with that of others in a way that does not identify You or any individual personally to improve the Services, for training, for marketing and promotional purposes, and for other business purposes. Please see Our Privacy Policy for further details.

We may, but have no obligation to, monitor and/or to review all materials posted to the Site or through the Site’s services or features by third parties, and We are not responsible for any such materials posted by third parties. We are not responsible for any failure to monitor, review and/or delete any materials posted to the Site or through the Site’s services or features by third parties. However, We reserve the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in Our sole discretion, is or are in violation of these Terms or applicable law. We may also impose limits on certain features of the Site or restrict Your access to part or all of the Site without notice or penalty if We believe You are in breach of the guidelines set forth in Our Terms or in violation of applicable law without notice or liability.

We may, but have no obligation to, monitor and/or to review all materials posted to the Site or through the Site’s services or features by third parties, and We are not responsible for any such materials posted by third parties. We are not responsible for any failure to monitor, review and/or delete any materials posted to the Site or through the Site’s services or features by third parties. However, We reserve the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in Our sole discretion, are in violation of these Terms or applicable law. We may also impose limits on certain features of the Site or restrict Your access to part or all of the Site without notice or penalty if We believe You are in breach of the guidelines set forth in Our Terms or in violation of applicable law without notice or liability.

PROMOTIONAL OFFERS

We sometimes offer certain customers various trial or other promotional offers, which are subject to the Terms except as otherwise stated in the promotional offers. We reserve the right, in our sole discretion, to determine your eligibility. Trial and promotional offers may, at any time (through your Account Settings), choose not to continue to paid membership by cancelling prior to the end of the trial or promotional period. If a trial offer or a promotion requires you to have a valid payment instrument on file, such as a credit card or other permitted payment method, we may validate that payment method including by requesting a temporary authorization from the financial institution issuing your payment instrument. If we determine that your payment instrument is invalid, without limiting any of our other rights, we may revoke your access to the Services and any benefits you may have received as part of the offer.

FEES AND RENEWAL

Fees for Subscriptions and other Services will be stated at the time of your purchase or sign-up, as applicable, and provided on our Site. The fees for our Services, including Subscriptions, may change at any time. For Subscription Services, the applicable fees will depend on the type of subscription that You purchase, and the duration of the subscription Fees may be subject to tax, collected by Us or a third party through which You transact, and are non-refundable except in the specific circumstances described in these Terms. We only accept credit cards for payment of Your Service fees. The fee for the Services will be charged directly on Your credit card and You agree to pay the charges applicable to Your selected Services, as well as any applicable taxes.

If your Subscription or Service involves a recurring payment of a fee (including a renewal), unless you notify us before a charge that you want to cancel or do not want to automatically renew your Service or Subscription, You understand it will automatically continue and You authorize Us, or a third party through which You transact (without notice to You, unless required by applicable law) to collect the then-applicable fees and any taxes, using any credit card We have on record for You. You must contact ANR Tech Support if You do not wish to renew Your Subscription and/or Service; if You do not contact ANR Tech Support, the Subscription and/or Service that You selected will automatically renew for the same subscription duration that You initially selected, at ANR Tech Support’s then-applicable fees.

If all credit cards We have on file for You are declined for payment of Your Subscription and/or Service fees, We may cancel Subscription and/or Service, as applicable, unless You provide Us with a new credit card. If You provide Us with a new credit card and are successfully charged before Your Service or Subscription is cancelled, Your new Service or Subscription period will be based on the original renewal date and not the date of the successful charge.

SERVICE AND SUBSCRIPTION CANCELLATION

You may cancel your Subscriptions and/or Services by visiting your account details page provided on ANR Tech Support (your “Account “) and adjusting your settings and Subscription and/or Service preferences, or by contacting our Customer Service team at (772) 242-0694. Unless You have participated in a trial or promotional offer for a Subscription and/or Service that specifically provides other terms for cancellation or refund, You may cancel any Subscription and/or Service within thirty (30) days following the date of Your purchase of that Subscription and/or Service, by contacting ANR Tech Support. Otherwise, the fees for Your Subscription and/or Services are not refundable.

ANR TECH SUPPORT REFUND POLICY

Services and/or Subscriptions that are purchased are eligible for a full refund within the first thirty (30) days of the date of purchase (date of purchase can be found on Your purchase confirmation e-mail). We apply refunds to the tender it was purchased with. We handle refunds on a case-by-case basis with the ultimate objective of making our customers happy. We stand behind our Services and want our customers to be satisfied with them. We’ll work with You to make sure You’re taken care of, but from time to time We may not be able to accommodate a refund.

Your order confirmation e-mail or order number helps Us locate Your purchase the fastest. If You don’t have an order confirmation e-mail or order number, We should be able to find the purchase in other ways, but We may ask You for more information so We can better assist with Your request.

CHANGES TO THE SERVICES

We may, in our discretion, modify, terminate, change, suspend or discontinue the Terms and all elements of them and any aspect of the Service, including any aspects of the Individual Services, Subscriptions, or any trials or promotional offers, without notice to you. If any change to the Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes and the remainder of the Terms. Your continued use of the Service after we change the Terms constitutes your acceptance of the changes. If you do not agree to any changes, you must not use the Service and must cancel the Services.

TERMINATION BY US

Our business may change over time, and we reserve the right to cancel the Services, including any Subscription or Individual Service, in whole or in part, and to terminate use of the Service at our discretion without notice. If we do so, we may refund the fees paid for the applicable Services for the time period, if any, after termination of the Services, unless we terminate your membership for conduct that we determine, in our discretion, violates the Terms, violates any applicable law, involves fraud or misuse of the Service, or is harmful to our interests or another user. (See section on “Restrictions and Prohibited Activities” below) Other than providing a refund when we terminate the Services for our convenience, We will not be liable to You or any third-party for termination of the Services for any reason. You acknowledge and agree that upon termination, We may immediately deactivate or delete Your User account and/or bar any further access to the Services. Our failure to insist upon or enforce your strict compliance with the Terms will not constitute a waiver of any of our rights.

DATA BACKUP

LIMITED WARRANTY

The Services may not be successful because the problem may be beyond Our ability to resolve remotely. If You have purchased an Individual Service from ANR Tech Support, then the following warranty applies: if We are not able to answer Your question or resolve Your technology problem and You have complied with all of Your obligations in these Terms, We will not charge You a fee for the Individual Service. If You experience a problem with the resolution We provided and You call Us within thirty (30) days from the day You originally received the Individual Service, We will use commercially reasonable efforts to try to resolve Your problem at no additional charge. If those efforts are unsuccessful, We will refund the fees that You paid for the Individual Service.

As set forth below, there are no other warranties for the Services.

ANR Tech Support makes no warranties or representations with respect to advice, guidance, information or other content posted to the community portion of the Site or otherwise supplied to the Site by any third party (including all Submissions, as defined below), and expressly disclaims all warranties, express or implied, with respect to community content and other third party content available on the Site.

DISCLAIMER OF OTHER WARRANTIES

YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL ADVICE, CONTENT, AND SOFTWARE) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OF THE SERVICES, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANR TECH SUPPORT DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR TECHNOLOGY PROBLEM. ANR TECH SUPPORT MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, CONTENT OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY. ANY CONTENT OR SOFTWARE THAT YOU ACCESS, DOWNLOAD OR USE WITH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES.

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

LIMITATION OF LIABILITY

IN NO EVENT SHALL ANR TECH SUPPORT, 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 DEVICE 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 ANR TECH SUPPORT 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 ANR TECH SUPPORT, ITS SUPPLIERS, AND REFERRAL PARTNERS 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.

DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION

DEFINITIONS

As used in this Arbitration Provision, “Claims” means all claims, disputes, or controversies between You and Us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Services. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision.

INFORMAL EFFORTS TO RESOLVE DISPUTE

If a dispute arises between You and ANR Tech Support, You should first attempt to resolve it by contacting Our Customer Service Center at (772) 242-0694 or by sending the details of Your complaint, including Your contact information for a response, to the address or fax number listed below. We will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt.

AGREEMENT TO ARBITRATE; RIGHT TO OPT OUT

If informal efforts to resolve Claims fail or are not used, You agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) You may assert Claims in a small claims court in the United States if Your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD TO YOU ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND FORMS OF RELIEF AS A COURT COULD (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF AS WELL AS STATUTORY DAMAGES), AND MUST FOLLOW THE LAW AND TERMS OF THIS AGREEMENT AS A COURT WOULD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED.IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY ANR TECH SUPPORT IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THIS AGREEMENT BY MAILING OR FAXING AN OPT-OUT REQUEST TO OUR CUSTOMER SERVICE CENTER LISTED BELOW. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH ANR TECH SUPPORT, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF SERVICES TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.

ARBITRATION FEES

The allocation and payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules which limit the amount a consumer is required to pay. If the arbitrator determines that Your Claims are not frivolous applying the standards of the Federal Rules of Civil Procedure, We agree to reimburse You the amount of all filing, administration and arbitrator fees You are required to pay for the arbitration.

ARBITRATION RULES

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules if You are a resident of the United States; if Your use of the Services has been principally for personal or household use, the AAA’s Supplementary Procedures for Consumer-Related Disputes will also apply. If You are a resident of a country other than the United States, the arbitration will be conducted by the AAA’s International Centre for Dispute Resolution in New York, NY, under its rules for international arbitration, and You and We agree to submit to the personal jurisdiction of the U.S. federal court in New York, NY, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control.The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with experience in consumer and technology transactions and who is also a member of the AAA National Roster of Arbitrators. If You and We can’t agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the AAA will pick a neutral arbitrator who meets the qualifications. The AAA’s rules are available at www.adr.org, or by calling 1-800-778-7879 from inside the United States or +1-212-484-4181 from outside the United States.

INITIATING ARBITRATION

To begin an arbitration proceeding, You must follow the procedures specified by the applicable AAA rules as described on their website at www.adr.org.

TIME RESTRICTION

YOU MUST FILE A COMPLAINT WITH THE AAA OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.

ARBITRATION PROCESS

Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the AAA that is the most convenient for You. The arbitration can only decide Claim(s) between You and Us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable AAA rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. In conducting the arbitration proceeding, the arbitrator will apply the law of the State of California (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g. the Federal Arbitration Act). At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the AAA rules or the Federal Arbitration Act.

RECOVERY AND ATTORNEYS’ FEES

If the arbitrator rules in Your favor on the merits of any Claim You bring against Us and issues You an award that is greater in monetary value than Our last written settlement offer made to You before written submissions are made to the arbitrator, then We will (i) pay You 150% of Your arbitration damages award, up to $1,000 over and above Your damages award; and (ii) pay Your attorneys, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that You or Your attorney reasonably incurred for investigating, preparing, and pursuing Your Claim in arbitration. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of such fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. The right to attorneys’ fees and expenses discussed above supplements any right to attorneys’ fees and expenses You may have under applicable law, although You may not recover duplicative awards of attorneys’ fees or costs. If Your use of the Services was principally for personal or household use, ANR Tech Support waives any right it may have to seek an award of attorneys’ fees and expenses from You in connection with any arbitration of Claims between Us.

ARBITRATION CONFIDENTIALITY

You and We shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to Your or Our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.

CONTINUING OBLIGATION TO ARBITRATE; SEVERABILITY

This Arbitration Provision shall survive termination of Your access to or use of any Services and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.

INJUNCTIVE RELIEF

The foregoing provision regarding arbitration will not apply to any legal action taken by ANR Tech Support to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any threatened or potential loss, cost, or damage) relating to the Site, any Content, the Services, ANR Tech Support’s intellectual property rights, ANR Tech Support’s operations, and/or ANR Tech Support’s products or services.

IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THE CONTENT, OR THE SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT ORDER OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT ANR TECH SUPPORT FROM MAINTAINING ITS STANDARD BUSINESS OPERATIONS AND FROM CONTINUING TO PROVIDE THE SITE, THE CONTENT, AND THE SERVICES TO ITS OTHER CUSTOMERS, CLIENTS, AND END-USERS.

ANR TECH SUPPORT CUSTOMER SERVICE CENTER ADDRESS:

ANR Tech Support, Inc.

ATTN: LEGAL/ARBITRATION

4814 S US HWY 1, Fort Pierce, FL 34982
Email: [email protected]

ANR Resources, LLC.

ATTN: LEGAL/ARBITRATION

4814 S US HWY 1, Fort Pierce, FL 34982
Email: [email protected]

USE OF SOFTWARE AND TOOLS

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

You acknowledge and agree that use of all ANR Tech Support software and third party software and tools accessed, downloaded or otherwise provided or made available with the Services (collectively “Software”) are subject to the license agreements that may appear or be referenced when You access or download the Software. You may not access, download or use any Software without agreeing to the terms and conditions of the license agreements without modification. You agree that We may download and utilize Software from third party Web sites and accept any applicable license agreements on Your behalf. You acknowledge and agree that We may download and install trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless You purchase a license to continue using such Software. You may use the ANR Tech Support software only in connection with the Services and for no other purpose. You agree that We may, but are not obligated to, remove any Software downloaded to Your Device during the Services after We have completed or terminated the Services.

CUSTOMER RESPONSIBILITIES

You must cooperate with ANR Tech Support and promptly respond to Our requests for information and comply with Our requests to take actions to resolve Your technology problem. In order to help resolve Your technology issue, You may be required to consent to the downloading and use of Software on Your Device and accept all applicable license agreements for the Software.

REGISTRATION, PASSWORDS AND SECURITY

In order to use certain Software or Services, We may require that You register. During the registration process, You may be asked to designate, or We may designate for You, a user name and password. You are responsible for maintaining the confidentiality of any password or account information You receive from ANR Tech Support, and are responsible for all activities that occur using that password or other account information. You must provide complete and accurate identification, contact, and other information required as part of the registration process. You must notify ANR Tech Support immediately upon learning of any unauthorized disclosure or use of Your password or other account information. ANR Tech Support has no liability for any unauthorized use of the Services under Your account or on Your Device.

SERVICE AVAILABILITY AND LIMITATIONS

ANR Tech Support reserves the right to terminate Your Subscription Service, upon notice, if ANR Tech Support determines, in its sole business judgment, that Your Subscription Service is being used (a) fraudulently, (b) maliciously, (c) by any person other than You, (d) for any Device other than a registered system, (e) unreasonably. In the event that Your Subscription Service is terminated, ANR Tech Support will refund to You a pro rata portion of any fees that You have prepaid for the Subscription Services. Subscription Services may be subject to additional requirements, limitations, and restrictions depending on the subscription level You purchased. Please refer to the Site for information about those restrictions.

USE OF THE SERVICES

Your use of the Services is only for Your personal and internal business purposes on Your technology, and not for commercial use, including resale or transfer to others. You may not sell, lease or rent access to or use of the Services. You may not allow manufacturers, suppliers or vendors of Your technology, or providers of services relating to such technology, to access or use the Services.

You may not use, download or copy any information, data, text, photographs, graphics, video, or other materials provided with the Services (“Content”) unless: (1) You use the Content solely for personal, informational and non-commercial purposes; (2) ANR Tech Support’s 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 You in connection with the Services constitute a license and not a transfer of title. ANR Tech Support 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 ANR Tech Support. Except as expressly provided herein, You 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 ANR Tech Support. Any rights not expressly granted herein are reserved by ANR Tech Support.

RESTRICTIONS AND PROHIBITED ACTIVITIES

You shall not: (a) “mirror” any Content on the Site on any other server without ANR Tech Support’s prior express written permission, (b) use the Content or the Services for any illegal purpose, (c) misuse, abuse or make any unauthorized use of the Content, the Services, any property, network, website, personnel or equipment of ANR Tech Support or its customers or its suppliers, including but not limited interfering with or otherwise disrupting networks connected to the Services, (d) engage in any activities or actions in connection with the Content or 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; (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; (i)remove any notices of copyright, any watermarking, or any other proprietary notices or language referring to ANR Tech Support’s ownership of the Content, the Site, and the Services; (j) attempt to sell, resell, lend, lease, license, sublicense, assign, or otherwise transfer or attempt to transfer the Content, the Site, or the Services or any intellectual property rights owned by ANR Tech Support to any other person or entity; (k) provide any other person or entity access to the Site, the Content, or the Services by means of Your username and/or Your password; (l) attempt to lend, lease, license, sublicense, transfer, assign, sell, or resell Your username(s) and password(s) to any other person or entity; (m) decompile, disassemble, translate or reverse engineer any portion of the Content or the Services or otherwise discover or duplicate any technology, routines, computer software, algorithms, methods or underlying ideas or design or user interface techniques included in any portion of the Site, the Content, or the Services; (n) monitor, gather, copy, or distribute the Content on the Site by using any robot, rover, “bot,” spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (o) insert any code or product to manipulate Content in any way that affects, adversely or otherwise any other user’s experience with the Site; (p) make or attempt to make any commercial use or exploitation of the Site or any of the Content; (q) circumvent, disable or otherwise interfere with the security features of the Site or the Content or the Services; (r) collect or harvest any personally identifiable information belonging to another person, including usernames and passwords, from the Site; (s) create multiple accounts by manual or automated means or under false or fraudulent pretenses; (t) transmit any viruses, worms, defects, Trojan horses or other code sequence or routines of a destructive nature on the Site; (u) use the Site or the Content or the Services to violate the security of any computer network, to crack passwords or security encryption codes, or to transfer or store illegal material; (v) claim the Site or any of the Content as Your property, Your creation, or Your work of authorship, in whole or in part; (w) contest or dispute ANR Tech Support’s ownership of all intellectual property rights in the Site, the Content, and the Services; (x) use the Content or the Services after the termination date of your account; (y) engage in any activities through or in connection with the Services that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, salacious, injurious, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to ANR Tech Support; or (z) use the Site, and/or the Content and/or the Services, in whole or in part, in any manner not authorized by these Terms.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT ANY VIOLATION OF THE FOREGOING PROVISIONS MAY, IN ANR TECH SUPPORT’S SOLE DISCRETION AND JUDGMENT, SUBJECT YOU TO THE IMMEDIATE SUSPENSION OR TERMINATION OF YOUR ACCOUNT, AND MAY SUBJECT YOU TO CRIMINAL LIABILITY.

If You have purchased Personal Subscription Services, or Professional Business Subscription Services, the subscription applies to all peripheral devices (e.g. printers, cameras, smart home devices) that are attached to Your personal network at a single physical address at the time that You purchase the Subscription Services.

SECURITY

While We use reasonable security measures to deliver the Services, You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event We cannot guarantee that any personal information You submit to Us will be free from unauthorized intrusion.

SUBMISSIONS

All comments, feedback, information (other than Your personally identifiable information or billing information) or materials submitted to ANR Tech Support (“Submissions”) shall be considered non-confidential. By providing such Submissions, including any Guide Paths – related Submissions to ANR Tech Support, You agree to assign to ANR Tech Support, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. ANR Tech Support shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. As part of any subscription Services purchased by You, You acknowledge and agree that ANR Tech Support may retain some of Your personally identifiable information or billing information for purposes of record retention and for purposes of billing any renewals of the subscription Services, which shall not be subject to the foregoing assignment provision.

You acknowledge that You are responsible for the Submissions that You provide, and that You have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. You represent, warrant and agree that You shall not upload, post, transmit, distribute or otherwise publish through the Site, or any service or feature made available on or through the Site, any materials which are, do, or could reasonably be construed to be or do any of the following:

restrict or inhibit anyone from using and enjoying the Site or the Site’s services;

are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or that threatens or invites violence, or that is derogatory of others on the basis of gender, race, ethnicity, national origin, religion, sexual preference or disability;

constitute or encourage conduct that would constitute a criminal offense, give rise to potential civil liability or otherwise violate any local, state, national or international law;

violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;

contain a virus, spyware, or other harmful component;

contain embedded links, advertising, chain letters or pyramid schemes of any kind;

constitute or contain false or misleading indications of origin, endorsement or statements of fact; or

contain sensitive, proprietary or confidential information about Yourself or others.

Except as may be expressly permitted in connection with one of the Site’s services, You also may not offer to buy or sell any product or service on or through Your Submissions. We will not accept responsibility for any information included in any Submissions created or posted by third parties. You alone are responsible for the content and consequences of any and all of Your activities and You submit Submissions at Your own risk.

By submitting or sending Submissions to Us, You: (i) represent and warrant that the Submissions are not confidential or secret, and no confidential or fiduciary relationship is intended or created between You and Us in any way, (ii) represent and warrant that the Submissions are original to You, that no other party has any rights thereto, and that any “moral rights” in Submissions have been waived, and (iii) You grant Us and Our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so. Further, You acknowledge and agree that any derivative works created by ANR Tech Support and based on Your Submissions shall be owned by ANR Tech Support, and You hereby assign, transfer, and convey to ANR Tech Support all rights, title, and interests You may have in any derivative works made by ANR Tech Support and based on Your Submissions. We cannot be responsible for maintaining any Submissions that You provide to Us, nor are We responsible for any information included in any Submissions (for example, without limitation, a blog post or any comments to blog(s) created or posted by Users), and We may delete or destroy any such Submissions at any time.

REPORTING INTELLECTUAL PROPERTY INFRINGEMENT

ANR Tech Support will respond appropriately to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”), as set forth below. If You own a copyright in a work (or represent such a copyright owner) and believe that the copyright in that work has been infringed by an improper posting of it as part of a Submission on the Site, then you may send Us a written notice, which notice must include all of the following:

(1) a subject line that says: “DMCA Copyright Infringement Notice”; and

(2) a description of the copyrighted work that You claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; and

(3) a description of the location of the infringing material on the Site; and

(4) Your full name, address, telephone number, and e-mail address; and

(5) a statement by You that you have a good faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner; and

(6) a statement by You, made under penalty of perjury, that all the information in Your notice is accurate, and that You are the copyright owner (or, if You are not the copyright owner, then your statement must indicate that You are authorized to act on the behalf of the owner); and,

(7) Your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), the characters “//s//” followed by your full typed name, which will serve as your electronic signature.

ANR Tech Support may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and ANR Tech Support may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

ANR Tech Support will only respond to DMCA Notices that it receives by mail (send to ANR Tech Support, ATTN: DCMA 4814 S US HWY 1, Fort Pierce, FL 34982 or by email to [email protected]

We may send the information that you provide in your DMCA Notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification. A proper DMCA Counter-Notification will contain all of the information required in the seven points above for a DMCA Copyright Infringement Notice.

Without limiting ANR Tech Support’s other rights, ANR Tech Support may, in appropriate circumstances, terminate a repeat infringer’s access to the Website and any other website owned or operated by ANR Tech Support.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If We receive a DMCA Counter-Notification, then We may replace the material that We removed (or stop disabling access to it) in not less than 10 and not more than 14 business days following receipt of the DMCA Counter-Notification. However, We will not do this if We first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Website. You should also be aware that We may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

INTERNATIONAL USE

Currently, the Services are only available for residents of the United States and Canada. ANR Tech Support may, from time to time, offer promotions to residents of other countries. You agree to comply with all applicable laws and regulations, including without limitation, United States export laws and regulations. You represent and warrant that You are 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.

INTELLECTUAL PROPERTY

ANR Tech Support 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. ANR Tech Support is the patent and copyright owner or licensee of the Services, Software, and Content, including all Guide Path technology, concepts and content (and all modifications, updates and revisions thereto). If You make use of the Services, Software or Content, or Guide Paths other than as expressly provided herein and in your respective agreement, You may violate copyright, patent 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. We do 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.

LINKS FROM AND TO THE SITE

This Site may contain hyperlinks to Web sites that are not controlled by ANR Tech Support. ANR Tech Support 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.

You may not provide any type of link to the Site without the express written permission of ANR Tech Support. We reserve 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 Our discretion at any time.

THIRD PARTIES

In the course of delivering the Services to You, We may refer You to third parties, or the websites of third parties, that offer products and/or services that may facilitate the resolution of Your Device support issues or otherwise be of potential assistance to You. These third parties and/or their websites may also be linked and/or displayed on the Site. Although We may link or otherwise refer You to such products and services offered by third parties, unless expressly stated to the contrary, such references, links and/or displays in no way mean, imply, suggest or constitute any evaluation or approval by Us of those merchants or their products or services. We are not responsible in any way for any other Web sites, products, services or information. Your 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 You and such other entity. You agree that ANR Tech Support 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 You to the Services have no responsibility or liability for the Services provided by ANR Tech Support.

GOVERNING LAW

The substantive laws of the State of California, United States of America, without reference to any conflicts of law principles that would require the application of the laws of any other jurisdiction, shall govern these Terms. The parties agree that the U.N. Convention on Contracts for the International Sale of Goods will not apply to this Agreement.

ELECTRONIC COMMUNICATIONS

The information communicated on this Site constitutes an electronic communication. When You communicate with Us through the Site or other forms of electronic media, such as e-mail, You are communicating with Us electronically. You agree that ANR Tech Support, on behalf of itself and others who may be involved with delivering the Services (as applicable), may communicate electronically by e-mail and/or may make communications available to You by posting them on the Site, and that such communications, as well as notices, disclosures, agreements and other communications that We provide to You electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by Us.

Notices and communications to ANR Tech Support must be sent to the applicable address given in these Terms or to [email protected].

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The headquarters of ANR Tech Support is currently located at 4814 S US HWY 1, Fort Pierce, FL 34982, phone (772) 242-0694. 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 ANR Tech Support by writing to the address above, or by e-mail at [email protected], or by calling (772) 242-0694 The Consumer Information Center of the Department of Consumer Affairs may be contacted in writing at 4814 S US HWY 1, Fort Pierce, FL 34982, or by telephone at (772) 242-0694.

GENERAL INFORMATION

This version of the Terms is effective as of the date at the top of this page. The Terms together with the Privacy Policy and any applicable license agreements constitute the entire agreement between You and ANR Tech Support and govern Your use of the Services, superseding any prior or contemporaneous agreements between You and ANR Tech Support. The failure of ANR Tech Support 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. You may not assign the Terms or any of Your rights or obligations under the Terms without ANR Tech Support’s express written consent. The Terms inure to the benefit of ANR Tech Support’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

GUIDED PATH AUTHORING TERMS AND CONDITIONS OF USE

Effective Jan 21, 2022.

These Guided Path Authoring Terms and Conditions of Use (“Terms”) applies to your access to and use of the Guided Path Authoring websites, Guided Path Authoring mobile apps, Guided Path Authoring widgets, and other online Guided Path Authoring products and services (collectively, the “Services“) provided by ANR Tech Support, Inc. (“ANR Tech Support,” “ANR,” “we,” or “us“).

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

Please also take a look at ANR Tech Support’s Privacy Policy which explains how we collect, use, and share information about you when you access or use our Services.

Access to the Services

Children under the age of 18 are not allowed to create an account or otherwise use the Services. Additionally, if you are in the European Economic Area, you must be over the age required by the laws of your country to create an account or otherwise use the Services.

If you are accepting these Terms on behalf of another legal entity, including a business or a government, you represent that you have full legal authority to bind such entity to these terms.

Use of the Services

SDC grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.

Except as permitted through the Services or as otherwise permitted by us in writing, your license does NOT include the right to:

license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services;
modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services; or
access the Services in order to build a similar or competitive website, product, or service; We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or your Submission(s) to the Services or any part thereof.

Please note that since we accept community-contributed Submissions, our Guided Paths® may not be able to provide feedback on every aspect of the subject it was created to address.

Submissions to Guided Path Authoring

We created Guided Paths® as a tool and a self-help guide to assist you in understanding and using all forms of technology you run across in your everyday life – your Submissions to our Services should be broadly related to all aspects of technology – including technology products, services know-how, etc.

You grant SDC a perpetual, irrevocable, royalty-free, transferable, assignable, sublicensable and non-exclusive right and license to all comments, feedback, information (other than your personally identifiable information or billing information), content, edits, text, links, graphics, charts tables, photos, videos, or other materials, explanations, any and all additions to Guided Paths®, submitted to SDC (“Submissions”) by you. In addition, you grant to SDC the right and license to access, use, process, copy, distribute, export, display and to commercially exploit such any and all such Submissions. You further agree to assign to ANR Tech Support, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. SDC. shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose.

You acknowledge that you are responsible for the Submissions that you provide, and that you have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. You represent, warrant and agree that you shall not upload, post, transmit, distribute or otherwise publish through the site, or any service or feature made available on or through the site, any materials which are, do, or could reasonably be construed to be or do any of the following:

restrict or inhibit anyone from using and enjoying the site or the Services;
are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or that threatens or invites violence, or that is derogatory of others on the basis of gender, race, ethnicity, national origin, religion, sexual preference or disability;
constitute or encourage conduct that would constitute a criminal offense, give rise to potential civil liability or otherwise violate any local, state, national or international law;
violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
contain a virus, spyware, or other harmful component;
contain embedded links, advertising, chain letters or pyramid schemes of any kind;
constitute or contain false or misleading indications of origin, endorsement or statements of fact; or
contain sensitive, proprietary or confidential information about yourself or others.

Except as may be expressly permitted in connection with one of the Services, you also may not offer to buy or sell any product or service on or through your Submissions. We will not accept responsibility for any information included in any Submissions created or posted by third parties. you alone are responsible for the content and consequences of any and all of your activities and you submit Submissions at your own risk.

By submitting or sending Submissions to SDC, you: (i) represent and warrant that the Submissions are not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and SDC in any way, (ii) represent and warrant that the Submissions are original to you, that no other party has any rights thereto, and that any “moral rights” in Submissions have been waived, and (iii) you grant SDC and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licenseable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so. We cannot be responsible for maintaining any Submissions that you provide to Us, nor are We responsible for any information included in any Submissions (for example, without limitation, any comments created or posted by Users), and We may delete or destroy any such Submissions at any time.

Any ideas, suggestions, and feedback about SDC or our Services that you provide to us are entirely voluntary, and you agree that SDC may use such ideas, suggestions, and feedback without compensation or obligation to you.

Although we have no obligation to screen, edit, or monitor your Submissions, we may, in our sole discretion, delete or remove your Submissions at any time and for any reason, including for a violation of these Terms or if you otherwise create liability for us.

To use certain features of our Services, you may be required to create a ANR Tech Support account (an “Account”) and provide us with a username, password, and certain other information about yourself as set forth in the Privacy Policy.

You are solely responsible for the information associated with Your Account and anything that happens related to Your Account. You must maintain the security of your Account and promptly notify SDC if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with the Services.

You will not license, sell, or transfer your Account without our prior written approval.

Third-Party Content, Advertisements and Promotions

The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.

The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any content or information on the Services, including your Submissions.

Limitations on Use

When accessing or using the Services, you must respect others and their rights, including by following these Terms and the Privacy Policy, so that we all may continue to use and enjoy the Services. When accessing or using our Services, you will not:

Create or submit Submissions that violates these Terms or attempt to circumvent any content-filtering techniques we use;
Use the Services to violate applicable law or infringe any person or entity’s intellectual property or any other proprietary rights;
Attempt to gain unauthorized access to another user’s Account or to the Services (or to other computer systems or networks connected to or used together with the Services);
Upload, transmit, or distribute to or through the Services any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system or data;
Use the Services to harvest, collect, gather or assemble information or data regarding the Services or users of the Services;
Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
Intentionally negate any user’s actions to delete or edit their Submission on the Services; or
Access, query, or search the Services with any automated system, other than through our published interfaces and pursuant to their applicable terms.

Copyright

SDC respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing materials from the Services and for the termination, in appropriate circumstances, of users of our Services who repeatedly infringe. Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to SDC for certain costs and damages.

If we remove your Submission in response to a copyright or trademark notice, we will notify you. If you believe your Submission was wrongly removed due to a mistake or misidentification, you can send us an e-mail at: [email protected]

Payment Information

There are no fees for use of many aspects of the Guided Path Authoring Services. SDC may change the fees or benefits associated with certain features of the Guided Path Authoring Services from time to time with reasonable advance notice; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with any paid features we may launch.

Indemnity

Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our licensors, our third party service providers and our officers, employees, licensors, and agents (the “SDC Entities”) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) your Submission. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SDC, ITS LICENSORS, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. SDC DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS. WHILE SDC ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE SDC ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE SDC ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID SDC IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE SDC ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Governing Law and Venue

We want you to enjoy our Services, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at: [email protected]

Except for the government entities listed below: any claims arising out of or relating to these Terms or the Services will be governed by the laws of California, other than its conflict of laws rules; all disputes related to these Terms or the Services will be brought solely in the federal or state courts located in San Francisco, California; and you consent to personal jurisdiction in these courts.

Government Entities

If you are a U.S. city, county, or state government entity, then this Section 13 does not apply to you.

If you are a U.S. federal government entity: any claims arising out of or relating to these Terms or the Services will be governed by the laws of the United States of America without reference to conflict of laws. To the extent permitted by federal law, the laws of California (other than its conflict of law rules) will apply in the absence of applicable federal law. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in San Francisco, California.

Amendment to Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.

Additional Terms

Because we offer a variety of Services, you may be asked to agree to additional terms before using a specific product or service offered by SDC (“Additional Terms”). To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Service.

Termination

You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of all Services. If you stop using the Services without deactivating your Accounts, your Accounts may be deactivated due to prolonged inactivity.

We may suspend or terminate your Accounts, , or ability to access or use the Services at any time for any or no reason, including for a violation of these Terms or our Privacy Policy.

The following sections will survive any termination of these Terms or of your Accounts: 3 (Your Submissions), 5 (Limitations on Use), 8 (Indemnity), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Governing Law and Venue), 14 (Termination), and 15 (Miscellaneous).

Miscellaneous

These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign these Terms.

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