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Terms of Use

COPYRIGHT NOTICE
© 2014 Ascentive LLC, 50 S. 16th Street Suite 3575 Philadelphia, PA 19102 USA.
All rights reserved.

Ascentive LLC ("Ascentive") makes information and products available on this web site (the "Site"), subject to the following terms and conditions which apply to all materials, software, content, services, online communications and other information that is or becomes available on or through our Site (collectively, the "Material"). By accessing and using the Site, you hereby agree to be legally bound by the terms and conditions of these Terms of Use. If you do not agree to such terms and conditions, you must immediately cease all use of this Site and the Material.

The use of certain Material or the conduct of certain transactions on or through the Site may be subject to additional terms and conditions that shall be made available to you prior to your use of such Material or participating in such transactions. We reserve the right, in our sole discretion, to change, modify or otherwise alter the terms and conditions of these Terms of Use with or without notice to you. Such changes and/or modifications shall become effective immediately upon the posting thereof on the Site. Ascentive may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice to you. Your continued use of the Site shall constitute your continuing acceptance of any and all revised terms and conditions.

Ascentive's inclusion of Third Party Material (as defined below) on the Site shall not be construed as Ascentive's endorsement of any third party or the Third Party Material, and no rights or licenses are granted to you in the Third Party Material. You agree to defend and hold Ascentive harmless from any and all liability that may result from your use of the Third Party Material.

Upon written notice to you and at no additional cost to Ascentive, Ascentive may assign or transfer these Terms of Use, and any or all of Ascentive's rights and obligations hereunder, to any party. These Terms of Use shall be binding upon and inure to the benefit of permitted successors and assigns. For the purposes of these Terms of Use, "written notice" also includes email communication sent to the email address provided by you. Ascentive is not responsible for email communication not received by you for any reason.

1. INTELLECTUAL PROPERTY

The information on the Site is protected by copyright. Except as specifically permitted, no portion of the Site may be distributed or reproduced by any means, or in any form, without Ascentive's prior written consent.

"Ascentive" is a trademark of Ascentive LLC. Any trademarks, trade names, trade dress, service marks, logos, domain names, and URLs (collectively, the "Marks") provided in the Material or displayed on the Site are the property of Ascentive or third parties, and no right to use such Marks is granted to you herein.

This Site may include content owned or licensed by third parties, as well as links to websites owned by third parties (singularly and collectively, "Third Party Material").


2. USE OF MATERIALS AND SOFTWARE

Ascentive hereby grants you a personal, non-exclusive, non-assignable, non-sublicensable and non-transferable license to use and display, for non-commercial and personal use only, one copy of the Material that you download from the Site, except as may otherwise be expressly provided on our Site (and not to include licenses to Software (as defined below)). You shall not otherwise reproduce, modify, distribute, transmit, post, or publish (including, without limitation, display and distribution via a third party website), the Material without Ascentive's prior written consent. Except as expressly set forth herein, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark or copyright of Ascentive or any third party. You agree that the copy of the Material shall retain all copyright, trademark and other proprietary notices in the same form and in the same manner as such notices appear on the Material or on the Site.

You understand and agree that the Material is provided hereunder "AS IS" without warranty of any kind and that your use of the Material is at your sole discretion and risk. You shall be solely responsible for any damage to your network, software, computer system or mobile device and any loss of data that may result from your use of the Site and/or the Material.

The software and accompanying documentation available to download from the Site, a mobile application “store” or otherwise made available by, or on behalf of, Ascentive (the "Software") are the copyrighted and possibly patented work and property of Ascentive. Use of the Software is governed by the terms of the End-User License Agreement ("EULA") and/or the Software Purchase Agreement (the "Software Purchase Agreement"), which accompany such Software. If no license accompanies the download of Software, the terms of the license that accompanied the original Software product being updated will govern. You will not be able to use, download, or install any Software unless you agree to the terms of such EULA. If there is any conflict between the terms set forth herein, on the one hand, and the terms set forth in the EULA and/or the Software Purchase Agreement, on the other hand, the terms set forth in the EULA and the Software Purchase Agreement shall control.

Live Support 365 Additional Terms:

You may initiate the Live Support 365 free diagnosis over the telephone, through the Ascentive website or other means made available by Ascentive. The Live Support 365 free diagnosis can also be offered from Ascentive’s applications and after the purchase of our applications when a user calls to activate the application that user has purchased. 

You acknowledge that by your use of the Live Support 365 free diagnosis you are authorizing Ascentive to access and control your computer or device for the purposes of diagnosis, service and repair. During the Live Support 365 free diagnosis Ascentive will use a third party service or software to access your computer or device (the “Access Software”). You may be required to agree to the terms of use with respect to the Access Software in order to receive the Live Support 365 free diagnosis. In any event, Ascentive has no liability with respect to the Access Software and any claim that you may have with respect to the Access Software shall be against the manufacturer of the Access Software.

During the Live Support 365 free diagnosis Ascentive will download software to analyze your computer or device and also take control of your computer or device for the purpose of checking your system settings to see if they are optimal (the “Analyzing Software”). The Analyzing Software or technician may not be able to detect all potential problems or threats affecting your computer or device. You acknowledge that results may vary dependent on what condition or issue is actually limiting a particular computer or device and may require more than one product download for remedy. Ascentive uses the Analyzing Software and the information it provides solely to attempt to diagnose and resolve existing and potential problems. Ascentive uses reasonable efforts to limit the Analyzing Software's access to personal information on your computer or device. However, you agree that, while providing services, Ascentive may gain access to information on your computer or device that you deem to be personal or private. You agree that Ascentive has no liability for accessing or transmitting to Ascentive’s servers any information on your computer or device.

Not all items that the 365 Live Support representatives show you during the free diagnosis will impact your computer or device performance, security or stability and your results may vary dependent on what is actually limiting a particular computer or device.

The Live Support 365 service is provided only by phone, Internet chat and remote desktop sharing. An Internet connection must be provided by you so that you can receive the Live Support 365 service. By your use of the Live Support 365 service you acknowledge and agree that you give permission to Ascentive at all relevant times to access and control your computer(s) and/or device(s) for the purposes of diagnosis, service and repair. You authorize Ascentive to configure your computer(s) and/or device(s) and delete the files that Ascentive deems unnecessary, in its sole discretion, to the operation of your computer or device. You give Ascentive express permission to alter the registry of any computer or device on which the Live Support 365 service is performed. You acknowledge that the Live Support 365 service may require additional software. You give Ascentive permission to install, configure and use additional software on your computer(s) and device(s) in connection with the Live Support 365 service.

In some cases, Live Support 365 may not be able to diagnose or fix a problem occurring on your computer or device.

Ascentive reserves the right to refuse to troubleshoot hardware or software not on its list of supported products. You understand and agree that technical problems may be the result of software or hardware errors not yet resolved by the applicable product manufacturer, and that Live Support 365 technicians may not have the ability to obtain, or otherwise be aware of, the information necessary to resolve the relevant issue(s).

Ascentive must have access to the computer or device receiving the Live Support 365 service. You must assist in any manner necessary for Ascentive to diagnose, troubleshoot and correct the computer or device and provide the Live Support 365 services. Your failure to cooperate with the Ascentive representative shall be considered a breach of these Terms of Use. Ascentive does not guarantee against the loss of any file, information, or data. You are solely responsible for backing up and safely storing all data, information, and files located on any computer or device accessed by Ascentive. Ascentive does not guarantee that it will recover lost or corrupted data, lost or deleted work, or lost or damaged personal files.

Subscribers are entitled to unlimited number of telephone and online "technical" support requests during the Live Support 365 subscription period. Live Support 365 support sessions are limited to technical support queries only. Ascentive reserves the rights to terminate your Live Support 365 subscription or otherwise limit your access to the Live Support 365 service if Ascentive determines, in its sole discretion, that you are abusing the Live Support 365 service. The use of the Live Support 365 service is only for personal use and any commercial use is prohibited.  Your Live Support 365 subscription is non-transferrable and you may not assign or sell your subscription to any third party. Any prohibited assignment or transfer of your Live Support 365 subscription shall be grounds for immediate termination of your Live Support 365 subscription. Support 365 hours are posted on the Ascentive website. Support hours are subject to change at any time without notice.

You acknowledge and agree that Ascentive may use one or more third party service providers in connection with providing the Live Support 365 service.

The Live Support 365 services against any plan order will be available once you have made payment for the applicable service(s). If you signed up for the installment payment plan, the first payment will start your service and subsequent payments are made thirty days following the date of the initial payment until the entire amount due under the installment payment plan has been paid.

When you purchase the Live Support 365 service, you agree to a specific price and plan term of one, two or three years. You may utilize the Live Support 365 service only on such number of computers or devices for which you have paid the applicable subscription fee.

Ascentive may immediately terminate your Live Support 365 subscription, without further notice to you, if you fail to make any required payment.  Except as set forth below, any payment received by Ascentive prior to a termination of the Live Support 365 subscription for any reason shall be deemed payment for Ascentive providing the Live Support 365 service to you up to the applicable date of termination, and no refund shall be due or owed to you.

Notwithstanding anything herein to the contrary, your use of the Live Support 365 service, Access Software and Analyzing Software, shall be governed by the terms of the EULA and the Software Purchase Agreement. If there is any conflict between the terms set forth herein, on the one hand, and the terms set forth in the EULA and/or the Software Purchase Agreement, on the other hand, the terms set forth in the EULA and the Software Purchase Agreement shall control.

Live Support 365 Fair Diagnosis Policy and Information, Consumer Protection Provisions and $100 Compensation Award.

The Live 365 Support Representative is an inbound sales agent who is trained to give a free Diagnosis according to company compliance standards .The Live 365 Support Representative will review various aspect of the customers computer to identify any where the computer maintenance may be falling short. After performing the diagnostic, Live 365 Support Representative will offer the customer a Live Support 365 package of trained technician services, and upon completion of a sale, transfer the customer to a trained Technician for service fulfillment including computer analysis and problem remediation if needed.

Live Support 365 Representatives are required to adhere to Fair Diagnosis policies to ensure consumer satisfaction and protection. During the Fair Diagnosis the Live 365 Support Representative may review and demonstrate potential problems with a customers computer including processes, CPU usage, and potential viruses without offering a conclusive determination of actual threats present on the customer PC. While this review and demonstration can illustrate potential risks, only a trained technician may make a determination as to the actual problems on a customer’s PC.

How Certain Are Viruses? For potential viruses, a Live 365 Support Representative cannot for certain claim a virus or infection exists or has a high likelihood of existing on a personal computer during the Fair Diagnosis. However some viruses use the names of common system processes to mask themselves and this potential risk may be explained during the Fair Diagnosis. The agent will review with and educate the customer on the potential security and malware/virus risks of observed activities on the customer’s computers such as downloads, installed applications, junk, clutter, and other signs of Internet activity. Again, the representative will review and educate the customer on potential risks of observed activity without claiming a high likelihood or certainty of a problem existing on their computer. The representative will maintain that a technician must make the final determination regarding the existence of an infection or malware on a customer’s PC.

The Live 365 Support Representative will educate the customer that viruses often display some of the symptoms below. The Live Support 365 Representative must also state that having these signs doesn't necessarily mean you have a virus but these symptoms should not be ignored. A trained technician can analyze the computer and find the cause of these problems

SIGNS OF POTENTIAL VIRUSES:

  • Sudden onset of symptoms
  • Credit card abuse
  • Lots of pop-ups
  • Programs are automatically starting without you opening them
  • Your computer is running slow
  • Your hard disk is always running
  • Your email account is sending lots of emails you didn’t send

The customer should be made clear that these signs have other causes as well and a technician can assist in evaluating their computer. Many times a benign cause is present, but the consequences of malware can be high and a technician can assist.

Process Review, Maintaining Processes, and CPU Usage. During the Fair Diagnosis, the Live 365 Support Representative will review and discuss observed processes running on the customer’s computer, and review the processes running on the machine to demonstrate the difficulty in properly analyzing and maintaining observed processes and advantages of technician assistance. The representative will inform the customer that a trained technician will be able to make a determination on safety and usefulness of observed processes, and also illustrate potential risks with observed processes on a customer’s PC. The representative may inform the customer that specific processes observed on customer’s computer may be a masquerading virus or may be benign, and that only a trained technician is authorized to make a determination if a process is a virus, and there is no high likelihood or certainty that any particular process is a virus. The representative may not state or imply that the quantity of processes determines actual CPU usage, but may convey that all processes may be reviewed by a trained technician for security, performance, and appropriateness for the customer’s needs and usage. When referring to the quantity of processes, a Live 365 Support Representative will review with the customer the potential burden of researching each individual process. When referring to the quantity of processes the representative will review the impact of Active Processes on overall CPU Usage. The representative will also review the extent to which research is required to determine if an active process is useful or misbehaving. The representative may explain that the review and removal of any unnecessary, unwanted, or harmful processes can be a complex or tedious task which technicians can assist with, and it can be unreasonable to expect home users to do so on their own . The Representative may also state that an improperly maintained and configured anti-virus may be insufficient to find malware which may be present in the process list. The Representative may also state that while the risk of having malware may be low, the consequences of an active infection may be high, but a technician can make a determination and provide assistance. The representative may express concern that assessing and managing the security and performance of all the processes present on a customer machine, whether on an older machine or even on a brand new computer likely to be clean of problems, may be more than is convenient or likely for a customer to do on their own going forward. The representative may suggest that companion software (colloquially referred to as “bloatware”) installed by the manufacturer on a new computer or present on an older one may be impairing performance and that a technician can assist in reviewing and recommending companion software or “bloatware” for removal. The representative may ask the customer if they are prepared to analyze each process for being friendly, useful, malware, or bloatware, and that a technician can make the process review and maintenance more convenient and effective for the customer. The representative may state using an analogy that the lower the CPU usage is and closer to 0%, the more available “horsepower” there is for computer usage, and a technician can assist in analyzing any observed processor load for remediation to bring it as close to 0% as possible and reasonable for a particular PC. The Live 365 Support Representative cannot claim with certainty or high likelihood that a specific number of processes, or any particular process, running on a personal computer is harmful.

During the review Process the Live 365 Support Representative may review some or all of the following PC Care categories:

  • CPU Usage
  • Hard Drive Space
  • Memory
  • Disk Defrag
  • Startup Manager
  • Task Manager
  • AntiVirus Application
  • Backup System
  • Windows Updates
  • Drivers
  • Applications Installed

Stories and Examples. A Live 365 Support Representative may use real life examples and stories to explain how certain situations could potentially affect a personal computer’s performance and security. These stories are used to illustrate the potential risks. This does not mean that every personal computer including the current customer’s will have the same issues and be resolved in the same manner, or that there is a likelihood that those risks exist on a particular PC. A Live 365 Support Representative may identify potential threats where a technician can determine if there is a computer performance and/or security issue.

Technician Certifications. 365 Live Support Technicians are trained and certified internally by Ascentive on PC maintenance, cleanup and security prior to being allowed to take customer calls. 365 Live Support Representatives cannot imply or state that technicians are certified by any organization other than Ascentive. Ascentive does not currently offer Microsoft certified technicians, although some technicians may have been certified by Microsoft in prior employment. Ascentive is currently reviewing implementation of, but has not implemented, Microsoft MCP certification for all agents.

Please Send Any Complaints To Compliance Officer. Our goal is to ensure that every potential customer receives a Fair Diagnosis as stated in our compliance guidelines. Upon the discovery of any instance of a Live 365 Support Representative violating any provision of Ascentive’s Fair Diagnosis Policy, including claiming with certainty or high likelihood that a customer has a virus, infection, an unsafe number of processes, or has been certified by a 3rd-party organization, we ask that the customer please contact our Compliance Officer so we can review the details and take corrective action:

Ascentive LLC Compliance Officer
Ascentive LLC
50 S. 16th Street
Suite 3575
Philadelphia, PA 19102 USA

Compliance Officer
compliance@ascentive.com

Please include any details that can be used to look up your account and corresponding call recordings, including the approximate date and time of your call, the name of the Live 365 Support Representative if known, and any information about your account and experience with Ascentive.

Ascentive is committed to providing our customers with a Fair Diagnosis. We invite IT experts and regulators to reach out to our Compliance Officer to make recommendations or address any concerns you may have with our Fair Diagnosis Policy or its enforcement. Site visits to our company management and call center floor are also available upon request and can include a review of our current training scripts, policies and enforcement procedures and interviews with personnel. Please specify when you would like to visit our Philadelphia office or any of our remote locations.

$100 Complaint Award. If you are a resident of the United States or Canada, and notify us in writing using the above email address or postal address within 30 days of the call date that the Fair Diagnosis Policy was not properly followed, Ascentive, LLC will provide a $100 compensation award payable within 90 days of receipt of the complaint if the Compliance Officer determines that the policy was violated. All appropriate internal corrective action will be taken. Any complaints received later than 30 days after the call date will be investigated and corrective action taken as warranted but be uncompensated. Limit 1 award maximum per household. Residents of other countries are not eligible for award compensation.

In addition, if the complaint is received from a customer who has purchased a product or service from a non-compliant call they will receive a full refund in addition to the $100 complaint award.

LIMITATIONS OF 365 Live Support Service and Diagnosis

Although the Technician is effective at identifying and addressing many of the factors that can negatively affect computer performance and/or security, there are numerous other factors that may not be identified or addressed by the Technician. You acknowledge and agree that the Technician can not identify and address all potential factors that can negatively affect computer performance and/or security, and you further acknowledge and agree that your computer’s performance and/or security may not improve until all such factors are addressed. You acknowledge and agree that during the free diagnosis the Live 365 Support Representative may adequately demonstrate the potential existing shortfalls of your PC maintenance routine without reviewing every possible PC care step or category before offering for sale our technical support services. If you wish to review additional PC care steps or categories you may request the Live 365 Support Representative to do so. In some cases, additional Software or other measures may be necessary for your computer to attain optimal performance and/or security. The technician can inspect the customers computer, run a scan, and remove potential threats based on a database of threat definitions. You acknowledge and agree that any issues outside of this database of definitions or outside the scope of other diagnostic procedures would not be addressed or removed. Currently, Live Support 365 only supports PCs running Windows XP or newer.

Third Party Services Additional Terms:

Certain features, functionalities or services of the Site such as guaranteed shopping services (collectively, “Third Party Services”) may be performed or provided solely by third parties, including, but not limited to, buySAFE, Inc. (“buySAFE”). Your receipt and/or use of Third Party Services shall be governed by the terms, licenses, privacy policy and similar agreements related to such Third Party Services (collectively, “Third Party Services Agreements”). The terms of this Agreement and/or Ascentive’s Privacy Policy shall not apply to your receipt or use of any Third Party Service, and Ascentive takes no responsibility for any damage, harm, or loss of data due to your installation, removal or usage of Third Party Services. Before using any Software that includes Third Party Services, Ascentive directs you to first review the applicable Third Party Services Agreements. 

You agree to assume all responsibility for successful operation of any Third Party Services. Even if an Ascentive technician assists you in setup, it is your final responsibility to ensure that all applicable Third Party Services are working properly. You agree that if you have any dispute with the provider of any Third Party Service, you will not include Ascentive in that dispute, and you specifically release Ascentive from any such dispute. You will have no claim whatsoever to any income received by Ascentive from the provider of any Third Party Service.

For example, prior to using any Services that features guaranteed shopping services, please review buySAFE’s Privacy and Security Policy, Terms of Use, and Guarantee-Benefits Terms and Conditions, copies of which are located at: buySAFE’s Privacy and Security Policy, a copy of which is located at http://www.buysafe.com/legal_notices/bsg_terms_and_conditions.html (or otherwise located at http://www.buysafe.com), Terms of Use, a copy of which is located at http://www.buysafe.com/legal_notices/website_terms_of_use.html (or otherwise located at http://www.buysafe.com), and Guarantee-Benefits Terms and Conditions, a copy of which is located at http://www.buysafe.com/legal_notices/guaranteeterms.html (or otherwise located at http://www.buysafe.com).  You acknowledge that any dealings that you may have with buySAFE is at your own risk.

While we encourage you to read and be familiar with buySAFE’s Privacy and Security Policy, Terms of Use, and Guarantee-Benefits Terms and Conditions, and in any event you shall be solely responsible for your compliance with buySAFE’s Privacy and Security Policy, Terms of Use, and Guarantee-Benefits Terms and Conditions, we draw your attention to the following (please note that the following may not be current and it is your sole responsibility to review buySAFE’s Privacy and Security Policy, Terms of Use, and Guarantee-Benefits Terms and Conditions):

BuySafe Benefits:

  • Identity Theft Protection. Comprehensive ID theft coverage for 30 days. Your identity is protected and you have access to free professional ID theft remediation services for the next 30 days. Coverage applies for all online and offline identity theft, wherever it occurs, up to $10,000. Some restrictions apply – see Guarantee-Benefits Terms and Conditions (http://www.buysafe.com/legal_notices/guaranteeterms.html) for more information.
  • $1,000 Purchase Guarantee. Get what you paid for, or your money back. All the terms of sale for your purchase are guaranteed, including product authenticity, up to $1,000. Some restrictions apply – see Guarantee-Benefits Terms and Conditions (http://www.buysafe.com/legal_notices/guaranteeterms.html) for more information.
  • Lowest Price Guarantee. If the same store's published price drops, we'll pay you the difference, up to $100. Some restrictions apply – see Guarantee-Benefits Terms and Conditions (http://www.buysafe.com/legal_notices/guaranteeterms.html) for more information.

If you need to check your benefits, make a claim, report a problem or report a suspected misuse of the buySAFE Seal, then you must register online and complete a Report a Problem Transaction Form at www.buysafe.com. When filing a claim, buySAFE requires that your provide (in addition to any other information that may be requested) your name, email address, city, state, country, postal code, name of the web site, URL, and a description of the issue you are reporting. buySAFE will use that information to investigate and to resolve buyer benefit claims, including contacting you as necessary.

To receive these benefits, your buySAFE 3-in-1 Guarantee must be authentic and valid. buySAFE reserves the right to require more information from you and/or the merchant in order to authenticate your buySAFE 3-in-1 Guarantee. All benefit claims must be made within thirty (30) days of the date of purchase in order to keep benefits, even if all the terms of sale are not yet fulfilled. Once a valid claim is made, coverage applies until the claim is resolved. The benefit expires 30 days from the date of purchase and there is nothing for you to cancel. You will need to register with buySAFE before reporting a problem or claiming any of the benefits.

30 Day Identity Theft Protection Terms.  The Identity Theft Protection benefit is not activated automatically: You need to register with buySAFE within 30 days of your eligible purchase. U.S.-based shoppers only are eligible for these benefits. You can receive this additional benefit only once in any 30 day period. Reimbursement up to $10,000. Financial reimbursements are made with no deductible. These expense reimbursement benefits provide for costs attributed to identity fraud, embezzlement, theft, data breach and stolen identity event or forgery, and cover expenses such as:

  • Attorney fees incurred for defending suits brought by merchants and their collection agencies,
  • Removing criminal or civil judgments
  • Disputing information in a credit report
  • Lost base wages (limited within 12 months after discovery of an identity fraud)
  • Time off from work to handle the fraud, including wrongful incarceration
  • Loan re-application fees when identity theft causes original loan applications to be rejected
  • Notary and certified mailing charges for completing or delivering affidavits and related documents
  • During the 30 day eligibility period, you can activate this benefit at any time by calling toll free: 866-632-5335, Monday to Friday, 8 a.m. to 8 p.m. EST. You can also enroll in a comprehensive identity protection package via our partner, Assurant, by visiting our website

    Live Restoration Services.  Two Options: The Enhanced Restoration Option requires that you sign a Limited Power of Attorney. If you prefer not to provide a Limited Power of Attorney, you are still entitled to the Basic Counseling Services that provide you with the information you will need to take action independently.

    Low Price GuaranteeLow Price Guarantee benefit claims.  If within 30 days of the date you purchase a product guaranteed by buySAFE, you see the exact same product advertised on the same buySAFE merchant's website at a lower published retail price, buySAFE will refund you the difference. Items purchased through specific promotions, bundling arrangements, or coupons are not eligible for the Lowest Price Guarantee. The buySAFE 3-in-1 Guarantee must be valid and you must be a registered buySAFE user (Click here to register with buySAFE).

    buySAFE Low Price Guarantee is available only as follows:

    i. for a claim greater than $5, up to $100 per transaction and up to a maximum of $200 per claimant in any twelve-month period;
    ii. only the purchaser of the original item, to whom the buySAFE GUARANTEED certificate of guarantee was provided at the time of sale, may submit a claim;
    iii. Claimant must register with buySAFE in order to submit a claim;
    iv. the claim must be filed within 30 days of the original date of purchase;
    v. The price reduction that is the subject of the claim must pertain to the same item SKU (including same color and size) being offered for sale on the same merchant's website, on the same merchant terms and conditions.
    vi. The Price Guarantee will not apply to any item purchased for which a volume discount, a coupon, a bundling arrangement (eg: two-for-one), a customer rebate, an inventory liquidation, "Closeout Sale", "going out of business", "free offer", "CyberMonday", "Deal of the Day" promotion or other similar special promotional pricing mechanism is applied to the original purchase.
    vii. Shipping, handling, taxes, surcharges, and any other similar fees will be excluded from determination of any claim;
    viii. No claims may arise from a currency fluctuation; all claims will be reviewed in US dollar terms as priced on the merchant website.
    ix. Price Guarantee will not apply to partial, incomplete or cancelled orders, or to any order that is otherwise disputed by either party.
    x. Items not eligible for a Price Guarantee are: one-of-a kind items (including antiques, artwork, rare coins and furs); limited edition items; going-out-of-business sale items; services and additional costs (such as installation charges, warranties, shipping, or memberships); used, altered, rebuilt and refurbished items; custom-built items; land and buildings; negotiable instruments (such as promissory notes, stamps and travelers checks); items provided under a leasing arrangement, cash and its equivalent. Normally, items that do not have a standard SKU will not be eligible for Price Guarantee.
    xi. For ticket purchases, such as sporting events, shows, concerts, etc., the price reduction subject to claim must be for the same; date and time, show, venue, quantity of tickets and section. Seats must be in the same section and in the same row or lower.
    xii. buySAFE or buySAFE Claim Services, Inc., a wholly owned subsidiary of buySAFE, ("BCS") will be the final arbiter of all claims under the Lowest Price Guarantee, and all claim determinations will be final.

    Purchase Guarantee.  Report a Problem Transaction at www.buysafe.com within 30 days from the date of purchase, and, after exhausting the Dispute Resolution Process via Report a Problem Transaction, there is no resolution, then buySAFE or BCS will, in its discretion, make a determination as to whether the terms of sale were fulfilled. If the claim is resolved in your (the buyer's) favor, buySAFE will reimburse you (the customer) the amount of the direct loss, not to exceed $1,000. The following terms apply to the Purchase Guarantee:

    • The terms of sale, as stated on the merchant's website, are guaranteed for the full value of your purchase and up to a maximum of $1,000.
    • You must be the buyer in this transaction.
    • You must complete the Report a Problem Transaction form within 30 days of the close of your buySAFE Guaranteed transaction to initiate online dispute resolution. You may be asked to register with buySAFE in order to Report a Problem Transaction. The Purchase Guarantee is null and void for any problem transactions reported after 30 days from your date of purchase. All Reported Problems must be made in English.
    • Your acceptance of the item(s) purchased terminates the Purchase Guarantee, unless defect was not discoverable or know at the time of acceptance, but in no circumstances will the Purchase Guarantee extend beyond 30 days from the purchase date.
    • You have no rights under this Purchase Guarantee if:
       The merchant who is party to your transaction, satisfies the terms of sale of your purchase;
       The merchant who is party to your transaction, indemnifies and holds you harmless for an amount equal to or greater than the amount of the Purchase Guarantee, from all direct cost and damage incurred by reason of merchant's failure to satisfy the terms of sale;
       You have not met the terms of the transaction contract, including making full payment; or
       Your purchase of the item must not violate any and all applicable governing laws and regulations.
    • The Purchase Guarantee will not respond, under any circumstances, for any damages related to any of the following:
       Damages in excess of the purchase price;
       Express, implied or statutory product warranties or product guarantees of any kind, including but not limited to implied warranties of merchantability, and fitness for a particular purpose;
       Special, incidental or consequential damages including punitive damages; and
       Diminution in value of the item.
       Any litigation related to the Purchase Guarantee provided must be commenced within one year from the purchase date, except where the applicable period of limitation required by law is longer, then such period shall be the shortest allowable by law.

    buySAFE reserves the right to require more information from you and/or the merchant to authenticate and process your purchase guarantee claim.

    3. LIMITATIONS OF THE SOFTWARE

    Although the Software available on this Site is effective at identifying and addressing many of the factors that can negatively affect computer or mobile device performance and/or security, there are numerous other factors that may not be identified or addressed by the Software. You acknowledge and agree that the Software does not identify and address all potential factors that can negatively affect computer or mobile device performance and/or security, and you further acknowledge and agree that your computer's or mobile device’s performance and/or security may not improve until all such factors are addressed. In some cases, additional Software or other measures may be necessary for your computer or mobile device to attain optimal performance and/or security. For help in analyzing these issues, please contact our customer support team. Other than with respect to the Live Support 365 service (which terms are set forth below), if you are not satisfied with the Software's effect on your computer's or mobile device’s performance or security, you may seek a refund during the Refund Period as stated in the EULA and the Software Purchase Agreement. Not all Software is designed to address both performance and security issues, and you should refer to the documentation for the applicable Software to determine the applicable functionality.

    PC SpeedScan & FinallyFast: Scans conducted with this software may detect computer errors that occur as a natural consequence of routine use of the Microsoft Windows Operating System. In some instances, these errors may be harmless and will not affect the performance or operation of the computer system. Certain computer errors may consistently reappear and thus will be repeatedly detected by the software.

    PC Scan & Sweep: Scans conducted with this software may detect files that are harmless, the presence of which will not affect the performance, operation, or privacy of your computer system.

    ActiveSpeed: Scans conducted with this software detect Internet configuration settings. By default, the Microsoft Windows Operating System sets the values for these configuration settings. The software may suggest that optimization is required, even though default configuration settings are in place.

    The Software may identify and label certain threats to your computer's or mobile device’s performance and/or security as "severe" or otherwise categorize the potential threats identified in your computer or mobile device. These labels are intended to convey the potential harm of a particular threat but may not accurately reflect your personal requirements for computer or mobile device speed and/or security. The Software may even identify potential threats in a brand new computer, operating system or mobile device. You acknowledge that it is your responsibility to further research the potential threats identified by the Software and to independently determine your own level of tolerance for these potential threats. In addition, the Software may occasionally identify for deletion certain items and files that may be critical for your system, hardware, and/or software to run. The Software will provide you with an opportunity to review these items and files prior to deletion. You acknowledge that it is your responsibility to verify the items and files identified for deletion and select only those items and files that you wish to delete. Ascentive is not responsible for any system failure, data loss, or any other loss due to removal of system critical items. If you are unsure whether an item should or should not be deleted, please contact your computer or mobile device manufacturer for more information. Please read carefully the Limitations of the Software section contained in the Software Purchase Agreement.

    AUTOMATIC RENEWAL (other than Live Support 365 and Paid Software)

    You are purchasing a license for software with Ascentive’s subscription service. Unless you terminate your subscription in accordance with this Agreement, Ascentive will automatically renew your license to use the Software at the end of the Initial Term by directly charging your credit card or debiting your debit card for the then current renewal price for the Software. Renewal payments are billed on or about the last day of the Initial Term and each anniversary thereafter until the Software License is terminated. The Renewal Term and your right to receive Software support and Software updates during the Renewal Term will be effective only after our receipt of the foregoing payment and conditioned upon the foregoing payment constituting and continuing to be valid and good funds.

    If you have selected a method of payment other than credit card or debit card, your subscription will only be renewed if you provide us with a valid payment prior to the date of renewal. We will email you prior to this date to remind you to renew your account.

    You agree to provide us with current, complete, and accurate information for your billing information and to promptly notify us if there is any change in your billing address and, where you have paid by credit or debit card, will promptly notify us if there is any change to your card number, or card expiration date or if your card is cancelled (for example, for loss or theft). If we are unable to charge your credit card or debit your debit card, your subscription and ability to access and use the Software may terminate without further notice to you.

    To cancel the Automatic Renewal Service, call customer service at 1-800-355-3718 or go to the following link: http://www.ascentive.com/support/contact_us/auto_renewal_cancel_form/

    Live Support 365:

    Ascentive will issue you a full refund for amounts actually received by Ascentive from you for your Live Support 365 subscription if Ascentive attempts, but fails, to resolve at least one issue identified by Ascentive within the first 10 days of your Live Support 365 subscription or during the initial Live Support 365 free diagnosis. Not all issues identified by Ascentive will necessarily impact your computer or device performance, security or stability and your results may vary dependent on what is actually limiting a particular computer or device. Beginning 10 days after your purchase of the Live Support 365 subscription, the Live Support 365 subscription is non-refundable.  If you have elected to pay for Live Support 365 services by means of an installment payment plan, you are responsible for any and all subsequent payment installments until the entire amount of your Live Support 365 subscription fee has been paid in full to Ascentive. If one or more issues identified by Ascentive are resolved, your Live Support 365 subscription is non-cancellable and no fees will be refundable to you. In order to qualify for a Live Support 365 refund:

    You must have allowed Ascentive access to your computer or device as provided herein and as otherwise requested by Ascentive to perform diagnostics and problem mitigation. Our process is to escalate difficult cases through our technician expertise levels, which may mean that you will need to have several diagnostic sessions to ultimately solve your computer or device problem; and

    You must have followed recommendations prescribed by Ascentive personnel, or allowed Ascentive personnel to perform required operations, including; installation of appropriate software and required updates, adjusting of settings, the deletion of suspicious files; and

    Ascentive was either (1) not able to identify an issue with your computer, device or software, or (2) unable to correct or mitigate an issue Ascentive identified on your computer, device or software. Not all issues identified by Ascentive will necessarily impact your computer or device performance, security or stability and your results may vary dependent on what is actually limiting a particular computer or device.

    4. REFERENCES TO THIRD PARTY MATERIAL

    This website may include information or reference to Third Party Material. Such references are for informational purposes.

    ASCENTIVE DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. ASCENTIVE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.

    5. WARRANTIES AND DISCLAIMERS; LIMITATION TO LIABILITY

    ANY MATERIALS ARE PROVIDED ON AN "AS IS" BASIS. ASCENTIVE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE. THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, ASCENTIVE MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.

    ASCENTIVE SPECIFICALLY DISCLAIMS ALL EXPRESS, STATUTORY, OR IMPLIED WARRANTIES RELATING TO THESE MATERIALS, INCLUDING BUT NOT LIMITED TO THOSE CONCERNING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS REGARDING THE MATERIALS. ASCENTIVE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OF REVENUE OR PROFIT OR FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES, WHETHER BASED ON TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHER LEGAL OR EQUITABLE GROUNDS EVEN IF ASCENTIVE HAS BEEN ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.

    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, INCLUDING NEGLIGENCE, SHALL ASCENTIVE, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN PROVIDING THE SITE, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA, SOFTWARE OR HARDWARE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NON-DELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SITE, THE MATERIAL, ANY ASCENTIVE PRODUCT OR SERVICE, OR ANY OTHER HYPERLINKED WEBSITE, OR ANY DAMAGES RESULTING FROM THE USE OF OR RELIANCE ON THE SITE AND/OR THE MATERIAL PRESENTED, EVEN IF ASCENTIVE HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

    MANAGERS, HOSTS, PARTICIPANTS, MODERATORS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED ASCENTIVE SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF ASCENTIVE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASCENTIVE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. ADOBE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

    ASCENTIVE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS, OR YOUR PARTICIPATION IN ANY SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. ASCENTIVE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER OR MOBILE DEVICE FROM THE SITE OR ANY OF THE SERVICES OR MATERIALS.

    6. SITE USER AGREEMENT TO INDEMNIFY AND HOLD HARMLESS

    BY YOUR USE OF THIS SITE AND ITS MATERIALS, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ASCENTIVE, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, SUBCONTRACTORS OR ANY OTHER PARTY INVOLVED IN PROVIDING OR CREATING THE SITE AND/OR MATERIALS, FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DAMAGES, COSTS, OR OTHER EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) THAT ARISE DIRECTLY OR INDIRECTLY FROM EITHER YOUR USE OF THE SITE OR THE MATERIAL OR YOUR BREACH OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE.

    7. EXPORT CONTROLS

    Some of the Software shall be subject to U.S. export control laws and may also be subject to the laws of the country where you reside. Those who download or otherwise obtain available Software do so on their own initiative and are responsible for compliance with all applicable laws. This Site is controlled, operated and administered by Ascentive from its offices in the United States of America.

    You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site. Notwithstanding anything to the contrary, Ascentive makes no representation that the Site or the Material is appropriate or available for use in other jurisdictions. If you choose to access the Site from such a jurisdiction, you do so at your own risk.

    You acknowledge and agree that products, services or technology provided by Ascentive are subject to the export control laws and regulations of the United States. You agree to comply with the export control laws and regulations of the United States and shall not, without prior authorization of Ascentive, export, re-export, or transfer Ascentive products, services or technology, either directly or indirectly, to any country.

    8. SITE COMPLIANCE WITH DIGITAL MILLENNIUM COPYRIGHT ACT

    If you have any concerns that any Materials or other content posted on the Site may be infringing upon another party's intellectual property, contact our Intellectual Property Agent immediately. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512).

    Intellectual Property Agent
    Ascentive LLC
    50 S. 16th Street
    Suite 3575
    Philadelphia, PA 19102 USA
    Fax (215) 320-6001

    All notices must comply with the requirements of U.S. Copyright Act 17 U.S.C. 512(c)(3) and regulations promulgated thereunder, each as amended. Such notices not complying with these requirements may not be considered. Notices must include:

    § A physical or electronic signature of the owner or a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly infringed;

    § Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on our Site are covered by a single notification, a representative list of such works at that site;

    § Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ascentive to locate the material;

    § Information reasonably sufficient to permit Ascentive to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted

    § A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

    § A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

    § A statement that you consent to jurisdiction of the Federal District court for the district where you reside (or of the Eastern District of Pennsylvania if you reside outside of the United States) and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) of the Digital Millennium Copyright Act or an agent of such person.

    Before filing such a notification, make a careful determination as to whether or not the use of copyrighted material at issue is protected by the "fair use" doctrine. You could potentially be held liable for costs and attorneys' fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, it may be advisable to seek legal counsel from an attorney prior to your filing your notice or consult publicly available reference materials such as those found at www.chillingeffects.org.

    9. CLASS ACTION WAIVER AND ARBITRATION

    THIS CLASS ACTION WAIVER AND ARBITRATION SECTION PROVIDES THAT ANY DISPUTE ARISING FROM THESE TERMS OF USE MAY BE RESOLVED BY BINDING ARBITRATION, WHICH REPLACES THE RIGHT TO GO TO COURT. THIS SECTION PROHIBITS YOU FROM BRINGING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, INCLUDING IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, AND PROHIBITS YOU FROM BRINGING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN ADDITION, THIS CLASS ACTION WAIVER AND ARBITRATION SECTION PROHIBITS YOUR ABILITY TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, AND PROHIBITS YOUR ABILITY TO BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. THE WAIVERS SET FORTH IN THIS SECTION 9 INCLUDE ANY CLAIM THAT YOU MAY HAVE AGAINST ASCENTIVE WITH RESPECT TO ANY THIRD PARTY SERVICE. TO THE EXTENT A PROVIDER OF A THIRD PARTY SERVICE JOINS ASCENTIVE IN ANY ACTION BETWEEN YOU AND SUCH PROVIDER, YOU AGREE THAT THIS SECTION 9 SHALL APPLY TO ANY CLAIMS THAT YOU MAY HAVE AGAINST ASCENTIVE. IF NOT FOR THIS CLASS ACTION WAIVER AND ARBITRATION SECTION, YOU MAY HAVE OTHERWISE HAD A RIGHT TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS) AND YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT TO BRING CLAIMS IN A COURT BEFORE A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED BELOW, YOU WAIVE ANY OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL A DECISION.

    You acknowledge and agree that this Class Action Waiver And Arbitration Section and the agreements contained herein are made pursuant to a transaction that involves interstate commerce, and shall be governed by, and be enforceable under, the Federal Arbitration Act (the "FAA") (9 U.S.C. §1 et seq.) as it may be amended from time to time. The circumstances and procedures under which Claims (as defined below) may be resolved by arbitration instead of in court are set forth herein. For the purposes of this Class Action Waiver And Arbitration Section, “we,” “us” and “Ascentive” means Ascentive LLC, including any parent, subsidiaries, affiliates, licensees, predecessors, successors, or assigns, and all of their officers, directors, employees, agents, and assigns.

    For the purposes of this Class Action Waiver And Arbitration Section, a "Claim" shall be any claim, dispute or controversy brought by either you or us against the other or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other and arising from or relating in any way to the Software Purchase Agreement, the EULA, these Terms of Use, or otherwise related to the Ascentive LLC Software or services purchased or obtained by you from us or any partner or retailer. Subject to the provisions of this Class Action Waiver And Arbitration Section, either party hereto may elect to pursue mandatory binding arbitration with respect to any Claim. A party who initiates a proceeding in court may elect arbitration with respect to any such Claims advanced in the lawsuit by any party or parties. This Class Action Waiver And Arbitration Section governs all Claims, whether based in law, common law, tort, contract, status, regulation, ordinance, constitutional provision, or any other legal theory of law, including respondeat superior, or any other legal or equitable ground. In addition, this Class Action Waiver And Arbitration Section governs whether or not such Claims seek as remedies declaratory relief, equitable relief, money damages, penalties or injunctions. For the purposes of this Class Action Waiver And Arbitration Section, the term Claim is to be given the broadest possible meaning, including counterclaims, cross claims, third party claims, interpleaders or otherwise. Any claim, dispute or controversy regarding the applicability of this Class Action Waiver And Arbitration Section or the validity of any or all of the Software Purchase Agreement, the EULA or these Terms of Use or any prior Software Purchase Agreement, EULA or these Terms of Use are also Claims for the purposes of this Class Action Waiver And Arbitration Section.

    Notwithstanding anything herein to the contrary, you retain the right to pursue any Claim in a small claims court and proceed on an individual basis for any such Claim that is within the court's jurisdiction. Arbitration of Claims will be conducted as an individual action. Neither party agrees to any arbitration on a class or representative basis and the arbitrator shall not have authority to proceed with any arbitration on a class or representative basis. Even if a class action lawsuit or other representative action is filed, including in the form of a private attorney general action, any Claim between you and us related to such lawsuits will be subject to an individual arbitration claim if so elected by either you or us. Arbitration proceedings with respect to separate Claims will not be consolidated without the consent of all parties. Only those Claims that are (1) brought by us against you, or your heirs or your trustee in bankruptcy or (2) brought by you, or your heirs or your trustee in bankruptcy against us, may be joined in an individual action under this Class Action Waiver And Arbitration Section.

    A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice") describing (a) the nature and basis of the Claim or dispute; and (b) the specific relief sought (“Demand”).  The Notice to Ascentive should be addressed to: Dispute Resolution Agent, Ascentive LLC, 50 S. 16th Street, Suite 3575, Philadelphia, PA 19102 USA ("Notice Address").  You must notify us of any Claim brought by you within 100 days of the event or events giving rise to such Claim or you will have waived your right to bring such Claim or to participate in any legal action relating to such Claim.  If Ascentive and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Ascentive may commence an arbitration proceeding. The amount of any settlement offer made by Ascentive or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Ascentive is entitled.  After Ascentive receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee required by the arbitration administrator, unless your Claim is for greater than $75,000.

    The party filing a Claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association; or JAMS/Endispute ("JAMS"), both of which are independent from us. Any arbitration will be conducted under the rules of the selected arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as provided herein. Arbitration hearings will be held at a place chosen by the arbitrator or arbitration administrator within the federal judicial district in which you reside at the time the Claim is filed or at some other place as agreed by the parties in writing. If your Claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing as established by the rules of the arbitration administrator.  Copies of the current rules of the arbitration administrators named above, and well as information about arbitration and arbitration fees, and instructions for initiating arbitration may be obtained by using the following contact information:

    American Arbitration Association
    1633 Broadway, 10th Floor, New York, NY 10019
    Web site: www.adr.org
    Telephone: 800-778-7879

    JAMS
    1920 Main Street, Suite 300, Irvine, CA 92614
    Web site: www.jamsadr.com
    Telephone: 800-352-5267

    Claims will be resolved by a single, neutral arbitrator, who will be either a lawyer with at least ten years experience or a retired or former judge. The applicable procedures and rules of the arbitration administrator that are in effect on the date the arbitration is filed will govern the arbitration unless those procedures and rules are inconsistent with this Class Action Waiver And Arbitration Section, in which case the procedures and rules of this Class Action Waiver And Arbitration Section will prevail. The procedures and rules of arbitration may limit the amount of discovery available to you or us in the proceeding. Applicable substantive law consistent with the FAA and applicable statutes of limitations will be applied, and the arbitrator will honor claims of privilege recognized at law. At your discretion, you may have a hearing and be represented by counsel. Reasonable steps will be taken by the arbitrator to protect customer information and other confidential information, and the arbitrator may use protective orders to prohibit disclosure outside the arbitration if requested to do so by either party. The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, the Software Purchase Agreement, the EULA and these Terms of Use. The arbitrator will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator may award punitive damages or attorneys fees if the law, the Software Purchase Agreement, the EULA and/or these Terms of Use authorizes such relief. Any award made by the arbitrator will be evidenced in writing by the arbitrator, but the arbitrator is not required to provide a statement of reasons unless requested by a party.

    Except as otherwise provided for herein, Ascentive will pay all filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your Claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the rules of the arbitration administrator. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the rules of the arbitration administrator. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the rules of the arbitration administrator.

    If, after finding in your favor in any respect on the merits of your Claim, the arbitrator issues you an award that is greater than the value of Ascentive's last written settlement offer made before an arbitrator was selected, then Ascentive will:

    • pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and
    • pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").

    If Ascentive did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of 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.

    Any failure or other delay by either party in enforcing this Class Action Waiver And Arbitration Section at any time, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Decisions rendered in arbitration proceedings will be final and binding on the parties. There shall be no appeal from arbitration decisions other than for arbitrator bias, fraud or misconduct and any award granted in arbitration will be enforceable by any court having jurisdiction as provided by the FAA and/or other applicable law.

    This Class Action Waiver And Arbitration Section shall survive: (i) termination of, or changes in, the Software Purchase Agreement, the EULA or these Terms of Use and any relationship between you and us; (ii) the bankruptcy of any party or any other similar proceeding initiated by you or on your behalf; and (iii) payment in full of any debt by you or by a third party. Should any portion of this Class Action Waiver And Arbitration Section be deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.  Notwithstanding any provision in these Terms of Use to the contrary, we agree that if we makes any future change to this Class Action Waiver And Arbitration Section (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Class Action Waiver And Arbitration Section.

    10. GOVERNING LAW AND JURISDICTION

    You agree that all matters relating to your access to, or use of, this web site shall be governed by the laws of the Commonwealth of Pennsylvania. Subject to the provisions of the Arbitration Section set forth above, you agree and hereby submit to the exclusive personal jurisdiction and venue of the Court of Common Pleas of Philadelphia County in Philadelphia, Pennsylvania and the United States District Court for the Eastern District of Pennsylvania located in Philadelphia, with respect to such matters.  With respect to Third Party Services (as described in Section 2), you may be subject to other controlling law and other courts and venues.

    11. PRIVACY

    Personal data that you provide regarding yourself will be handled in accordance with Ascentive’s Privacy Policy at http://www.ascentive.com/trust/ascentive.  Children under the age of thirteen (13) are prohibited from submitting any personally identifiable information to Ascentive or through the Site.  If we learn that a user under the age of thirteen (13) is publicly posting or sharing personally identifiable information on or through the Site, we will block that user from accessing these areas of the Site. Ascentive applications may send anonymous usage data to Ascentive LLC. We use this information to track visitors' movement in the aggregate, and to gather general information about which screens are being accessed to improve the overall customer experience.