The terms and conditions contain vital information pertained to the use of Tbams remote computer support and its service packages. You are requested to go through all the details carefully so that you can remain aware of your rights and the obligations on our part.
“you” means you individually, any person, including any employer that you are acting on behalf of.
All references to “services” refer to any Tbams service plan that you enter into with Tbams through use of the Tbams ’s web portal located at www.tbams.com. These terms and conditions govern all plans available through the Tbams portal, and any use of the Tbams portal. In the event of any conflict these terms and conditions control any plan order form that you submit requesting services (“plan order”).
“Materials” means any web casts, download areas, white papers, press releases, datasheets, faqs, product information, quick reference guides, or other works of any kind that are made available to download from the Tbams portal; said materials are the proprietary and copyrighted work of Tbams and/or its suppliers. The definition of “materials” does not include the design or layout of the www.tbams.com website or any other Tbams owned, operated, licensed or controlled site.
“Software” means a computer program of any kind, whether owned by Tbams or a third party, whether delivered via download, cd, other media, or other delivery method, including client and/or network security software. Elements of the software are protected under copyright, trade secret, unfair competition, and other laws.
You may order services by submitting plan orders through the Tbams portal. Once Tbams accepts the plan order submitted by you, then you will receive an email from Tbams at the email address that you provide or have provided to Tbams as part of the registration process for the services. Tbams is not responsible for rendering services in connection with any plan order that it has not accepted. Upon acceptance by Tbams of a plan order, you will have a service plan.
Subject to the terms and conditions, and the specifics of each service plan, Tbams will address your query using commercially reasonable efforts in providing appropriate solutions under the services. In most cases, Tbams will attempt problem diagnosis and a solution over the telephone, through chat or email, or other means as it deems most appropriate under the circumstances. All undertakings under service plans are subject to Tbams's limited warranty, which is set forth below.
Services against any plan order will be available once you have made payment for services according to the requirements of the corresponding plan order. Tbams has no obligation to render services under any service plan if the payments as required under any plan order have not been so made.
Services against any plan order will be available once you have made payment for services according to the requirements of the corresponding plan order. tbams has no obligation to render services under any service plan if the payments as required under any plan order have not been so made.
As a guest you may use the tbams portal and materials (defined below) specifically designated as available to guests on the tbams portal for the limited purposes of (a) deciding whether to subscribe to the services provided by tbams , (b) registering with tbams and submitting plan orders only. The foregoing license grant is a non-exclusive revocable license.
Tbams may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with tbams's employees and others as appropriate to your service under a plan order (each a “communication service” and collectively “communication services”). Communications services shall only be used under an accepted plan order, and not for any other purpose.
Limited licenses to use the tbams portal, materials and software As permitted through a service, you may use materials and software (as defined below) posted on the tbams portal, or made available in connection with a plan order, which may be available for additional purposes and or subject to additional restrictions.
Any other use of the tbams portal, services, materials or software, other than as explicitly permitted by tbams is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to tbams and its suppliers. Reverse engineering and decompilation of the software is strictly prohibited.
In connection with obtaining services, you agree that you will:
Availability of services and materials under force majeure circumstances.
You hereby acknowledge that circumstances outside of tbams 's reasonable control (e.g., acts of god, a large scale outbreak of a new computer strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in tbams 's ability to schedule a support session. You hereby release tbams from any and all liability, and agree that tbams shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. tbams or its suppliers may, at any time, without notice or liability, restrict the use of the service or limit its time of availability in order to perform maintenance activities and to maintain session control.
Services shall not include the following:
Notice specific to materials and software available on the tbams portal, or through a service For your convenience, tbams may make available materials or software (as each term is defined below) for use and/or download, whether as a part of a service, or in promotion of the services. Use of any materials and any software is governed by the more stringent of (a) the terms of the end user license agreement (“eula”), if any, which accompanies the specific materials and software, or (b) if there is no eula, these terms and conditions.
The materials and software are made available for download solely for use by you according to (a) the eula, and (b) the plan order. Any reproduction or redistribution of the service not in accordance with the eula is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
No logo, graphic, sound or image from any tbams Web site may be copied or retransmitted unless expressly permitted by tbams.
Without limiting the foregoing, copying or reproduction of the materials or software to any other server or location for further reproduction, redistribution or any other purpose is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the eula accompanying such material or software.
In connection with our service, we may provide to you certain software, which is owned by tbams or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the software. You may use the software only as part of, or for use with, the service in accordance with the service plan and for no other purpose.
With regard to any software made available to you by tbams through the tbams portal for which your acceptance of a separate license agreement is not required (“tbams software”), you are hereby granted a revocable, non-exclusive, non-transferable license by tbams to use the tbams software (and any corrections, updates and upgrades). In accordance with and as required under the service plan you shall not make any copies of the tbams Software. You agree that the tbams Software is the confidential and proprietary information of tbams or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the tbams Software, or otherwise reduce the tbams Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the software, or otherwise transfer the tbams Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the software. You are not granted any title or rights of ownership in the tbams Software. You acknowledge that this license is not a sale of intellectual property and that tbams or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the tbams Software and related documentation, as well as any corrections, updates and upgrades.
As part of the services, tbams may suggest that you acquire, install and use certain third party software (“third party software”). Third party software is licensed to you by the respective owners or licensees of the third party software. You must agree to the terms and conditions set forth by such owners or licensees before installing third party software, whether or not tbams directly assists you in the acquisition, installation, and/or use of third party software. tbams has no rights to the third party software and does not license third party software to you or make any representation or warranty regarding the third party software.
Your license to the tbams Software shall remain in full force and effect unless and until terminated by tbams , its third party licensors, providers or suppliers, or until your service plan is terminated as provided by your plan order and these terms and conditions. Upon termination of your service plan for any reason, you must cease all use of the tbams Software and immediately delete the tbams Software from your computer.
To the extent that we provide technical assistance and support for third party software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such third party software or purchased such equipment. We make no warranty that we are an authorized service provider for third party software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support, and if so, to acquire such rights. You acknowledge that support of third party software or equipment by an unauthorized service provider may void any warranty made by the supplier of such third party software or equipment.
As part of the services, tbams may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that tbams may elect to make available from time to time. Violation of such third party provider’s terms of service may, in tbams 's sole discretion, result in the termination of your customer account and use of service.
Tbams disclaims all warranties express or implied as to the services, the materials and the software whether in the nature of merchantability or fitness for a particular purpose, or otherwise. In the event that you are not satisfied with the services, your sole remedy is to (a) allow qresolve to reperform the services subject to dispute, (b) re-download and reinstall the software.
Tbams service plans come with a 7- day, 30- day, 60- day or 90-day and 1-year limited service warranty as provided in online documentation.
Tbams and/or its respective suppliers make no representations about the suitability of the information contained in the services, materials or the software for any purpose whatsoever. All materials and software are provided “as is” without warranty of any kind whatsoever. Qresolve and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
The materials could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Qresolve and/or its respective suppliers may make improvements and/or changes in the materials and/or the software described herein at any time.
In no event shall tbams and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of services, materials or software, failure to provide the same, or information available in the materials.
Notwithstanding anything to the contrary, in no event shall tbams be liable to you in excess of the amounts actually paid by you to tbams under the plan order that is the subject of the dispute.
Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
Tbams at its sole election may terminate or suspend your service immediately without notice if, in the sole discretion of tbams :
tbams, in its sole discretion, may refuse to accept your request for the service, renewal or re-subscription following a termination or suspension of your use of the service.
If any provision of the terms of service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the terms of service shall remain in full force and effect. tbams's failure to enforce any provision of the terms of service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
The tbams portal is available internationally and may contain references to tbams products, services, and programs that are not available in a viewer’s country. These references do not imply that tbams intends to make such products, services, or programs available in such country.
tbams reserves the right to amend the terms and condition, and the tbams portal at any time by (a) posting a revised version of the terms and conditions on the tbams portal, or by (b) sending information regarding any amendment to the terms of service to the email address you provide to tbams in connection with registration. You are responsible for regularly reviewing the tbams Website to be notified of any amendments to the terms and conditions. Your use of the tbams portal or the services after an amendment to the terms and conditions shall be deemed acceptance by you of the amended terms and conditions.
This agreement and the rights and obligations of the parties under this agreement and any disputes arising out of or in connection with this agreement shall be governed in all respects by the laws of the state of north carolina (u.s.a.) without regard to conflicts of law principles that would require the application of the laws of any other jurisdiction.
Any disputes, differences, or questions under this agreement may be settled by arbitration in accordance with the arbitration and conciliation act, 1996 by a sole arbitrator. The arbitration shall take place in north carolina and shall be conducted in english.
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