BY USING THIS WEBSITE OR INSTALLING, COPYING, OR OTHERWISE USING THE LICENSED SOFTWARE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE AND DO NOT INSTALL OR USE THE LICENSED SOFTWARE.
Please do not use this website and do not download Licensed Software if you are under 18 years of age.
If you are residing in, located in, or a citizen of the United States when purchasing the Licensed Software, please be aware that these TERMS provide for Class Action Waiver (as set forth below, the “Class Action Waiver” provision) and for your Disputes (as defined below) with Provider, its affiliates, or licensors, to be referred to binding Arbitration (as set forth below, in the “Dispute Resolution” provision), which may affect your rights under these TERMS. You may opt out of the binding individual arbitration and class action waiver as provided below.
SCANNING, LICENSE AND RESULTS
Upon downloading the PC Health Aid – the PC Health Aid will scan your PC and may offer you to purchase limited, non-exclusive, non-transferable license subject to these terms to use certain functions of the PC Health Aid on one computer, for a limited time period. On or before the last date of license period, such functions will cease to be available to you unless you renew such license for an additional period. License fees will not be refunded after 30 days period starting the day that they were paid.
The Provider does not warrant that: a) all unnecessary files will be located in the scan process, (b) that all the files that were marked by you as required to be removed shall be removed successfully, (c) that all files that were identified by the PC Health Aid as unnecessary are indeed unnecessary to you. After scan is preformed please make sure to un-check any checkbox that includes files you do not wish the PC Health Aid to remove.
Licensee may only install and/or use one copy of the Licensed Software per user license included with the Licensed Software. To determine how many user licenses were included with the Licensed Software, Licensee should consult the Licensed Software packaging, or in the case of Licensed Software purchased via electronic download, Licensee’s order receipt. If you desire additional user licenses for the Licensed Software, you may purchase them on the user portal at our website for the prices designated on such website. Licensee shall be solely responsible for all expenses incurred in Licensee’s installation of the Licensed Software.
The Licensed Software contains technological measures that are designed to prevent its unlicensed or illegal use. The Licensed Software may contain enforcement technology that limits Licensee’s ability to install and uninstall the Licensed Software on a machine to no more than a finite number of times, and for a finite number of machines, to ensure that you comply with the terms of these TERMS and do not exceed the maximum number of user licenses you have purchased.
The Licensed Software may require an internet connection to be available in order to access all features.
See the specific provisions below that disclaim warranties and limit our liability based on internet service interruptions and unavailability.
PERSONAL DATA PROTECTION
THIRD PARTY PRODUCTS
Links in the Website or during the download process of the PC Health Aid to other services or products of third parties are not and will not be considered as offers of the Provider and You hereby agree that the Provider shall assume no liability of any kind for any losses or damages You may incur in connection with such services or products of third parties.
Licensee may make one copy of the Licensed Software for backup or archival purposes only, except that the Documentation may not be duplicated.
Licensee may not sell, assign, sublicense, rent, lease, lend or otherwise transfer the Licensed Software without prior written consent of Provider.
The License granted by this TERMS is non-exclusive. Licensee may not use the Licensed Software except as expressly permitted by this License.
(1) Licensee may not modify, alter, adapt or translate all or any portion of the Website and or the Licensed Software; (2) Licensee may not create any derivative works from all or any portion of the Website and or the Licensed Software; (3) Licensee may not reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Software; (4) Licensee may not use a previous version of the Licensed Software after receiving a media replacement or upgraded version as a replacement to a prior version (in such case, you must destroy the prior version); (5) Licensee may not use the Licensed Software in the operation of aircraft, ship, nuclear facilities, life-support machines, communication systems, or any other equipment in which the failure of the software could lead to personal injury, death, or environmental damage; (6) Licensee may not remove or obscure Provider’s copyright or trademark notices, or the copyright and trademark notices of third parties that Provider has included in the Website and or Licensed Software; and (7) Licensee may not use the Licensed Software to host applications for third parties, as part of a facility management, timesharing, service provider, or service bureau arrangement; and (8) Licensee may not use the Website and or the Licensed Software in any manner are not authorized by these TERMS.
If the Licensed Software is an update or an upgrade (collectively an “Update”) unless indicated otherwise – any Update provided is subject to these Terms.
If the Provider will elect so, it may provide automatic Updates to You. You hereby agree to receive automatic updates to the PC Health Aid at any time. You further agree that there shall be no obligation on the Provider’s part to inform you of or furnish you any such Updates. The Provider may charge recurring fees for the Updates.
Provider may provide Updates to the content of the Website and / or its Licensed Software from time to time, including but not limited to, virus definitions, URL lists, rules, driver database updates, and updated vulnerability data. These types of Updates are collectively referred to as “Content Updates”. Provider may, at its discretion and without notice, add, modify or remove features, including Content Updates, from the Licensed Software at any time.
Provider is not obligated by these TERMS to provide Licensee with any technical support services relating to the Licensed Software; however, Licensee may order additional support services at: [email protected] for an additional charge as Provider may offer from time to time during the term of these TERMS.
These TERMS are subject to, and will be governed by and construed in accordance with the substantive laws of Cyprus. These TERMS will not be governed by the conflict of law rules of any jurisdiction, or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
IF YOU ARE RESIDING IN, LOCATED IN, CITIZEN OF A EUROPEAN UNION MEMBER STATE, OR ANYWHERE OTHER THAN THE UNITED STATES, WHEN PURCHASING THE LICENSED SOFTWARE, THE FOLLOWING DISPUTE RESOLUTION MECHANISM APPLIES TO YOU:
Any dispute arising out of, or in connection with these TERMS shall be referred to the exclusive jurisdiction of the Courts of Cyprus.
IF YOU ARE RESIDENT, LOCATED IN, CITIZEN OF THE UNITED STATES, WHEN PURCHASING THE LICENSED SOFTWARE, THE FOLLOWING DISPUTE RESOLUTION MECHANISM APPLY TO YOU:
This provision facilitates the prompt and efficient resolution of any Disputes that may arise between you and Provider. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your Disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and Provider (as defined below, for this Provision) shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
For the purpose of this Provision, “Provider” means Provider and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Provider regarding any aspect of your relationship with Provider, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution. For all Disputes, whether pursued in court or arbitration, you must first give Provider an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Provider to Woggle Trading Limited, Agiou Andreou 192, Limassol Cyprus 3036. That written notification must include (1) your name, (2) your address, (3) a written description of your Dispute, and (4) a description of the specific relief you seek. If Provider does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out. Notwithstanding the above, you or Provider may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Provider, Legal Department to: Woggle Trading Limited, Agiou Andreou 192, Limassol Cyprus 3036. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Provider through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with Provider. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
Arbitration Procedures. If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”), either you or Provider may initiate arbitration proceedings. JAMS, www.jamsadr.com , will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
The JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because these TERMS and the Licensed Software concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and 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 will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or Provider may initiate arbitration in either Los Angeles, California or the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution. In the event that you select the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution, Provider may transfer the arbitration to Los Angeles, California in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs. Provider will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Provider as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver. Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Provider specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this Provision, as specified above “Exclusions from Arbitration/Right to Opt Out”, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Licensed Software can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
Jury Waiver. You understand and agree that by entering into this agreement you and Provider are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Provider might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
Severability. If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
Review by Arbitrator. Any dispute regarding this Provision, including the enforceability of this Provision or the arbitrability of any Dispute as provided in this Provision, shall be for the arbitrator to determine.
Continuation. This Provision “DISPUTE RESOLUTION” shall survive the termination of your use of the Licensed Software and any related Provider websites or services.
LIMITED WARRANTY ON MEDIA
Provider warrants that the media on which the Licensed Software is distributed will be free from material defects for a period of 30 days from the date the Licensed Software is delivered to Licensee. If Licensee discovers a defect in the media during this 30-day period, Licensee may return the defective media to Provider, and Licensee’s sole remedy is to have either the defective media replaced, or at Provider’s sole option, a refund of the money that Licensee paid for the Licensed Software.
NO WARRANTY ON LICENSED SOFTWARE
THIS WEBSITE, THE LICENSED SOFTWARE (EXLUDING THE MEDIA ON WHICH IT IS DISTRIBUTED) AND ALL PROVIDER RELATED WEBSITES AND SERVICES ARE PROVIDED TO LICENSEE “AS IS” AND “AS AVAILABLE,” AND PROVIDER AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY AS TO THEIR USE OR PERFORMANCE. PROVIDER AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION: QUALITY, AVAILABILITY, PERFORMANCE OR FUNCTIONALITY OF THE LICENSED SOFTWARE OR ANY RELATED PROVIDER WEBSITES OR SERVICES; QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE LICENSED SOFTWARE OR RELATED PROVIDER WEBSITES OR SERVICES; ANY REPRESENATION OR WARRANTY THAT THE USE OF THE LICENSED SOFTWARE OR ANY RELATED PROVIDER WEBSITES OR SERVICES WILL BE UNINTERRUPTED OR ALWAYS AVAILABLE (WHETHER DUE TO INTERNET FAILURE OR OTHERWISE), ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR OPERATE ON OR WITH ANY PARTICULAR HARDWARE, PLATFORM OR SOFTWARE; NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND ONLY TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION.
You undertake to indemnify, defend and hold the Provider and our affiliates, employees, officers, directors, stockholders, information providers, agents, consultants, licensees, licensors harmless from and against any and all liabilities, claims, costs, including for reasonable attorneys’ fees, incurred by any of the above in connection with any demand, claims, action, suit, or loss arising of your use of the PC Health Aid and or any violation of these TERMS and or any applicable law.
The information contained in the Website has been obtained from sources believed to be reliable. pchealthaid.com disclaims all warranties as to the accuracy, completeness of the materials or the reliability of any advice, statement, opinion or other information distributed through the website. You agree that any reliance on any such statement, opinion, advice or information shall be at your sole risk.
pchealthaid.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.
pchealthaid.com may change or discontinue any aspect of its website at any time, including, its content, products, services or prices described in the website at any time without notice.
LIMITATION OF LIABILITY
IN NO EVENT WILL PROVIDER, OR PROVIDER’S SUPPLIERS OR LICENSORS, BE LIABLE TO LICENSEE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNATIVE, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS (INCLUDING WITHOUT LIMITATION THOSE BASED ON THE USE OR THE INABILITY TO USE THESE WEBSITE AND OR THE LICENSED SOFTWARE OR ANY PROVIDER RELATED WEBSITES OR SERVICES), EVEN IF A REPRESENTATIVE OF PROVIDER OR ONE OF PROVIDER’S SUPPLIERS OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION. IN ANY CASE, THE AGGREGATE LIABILITY OF PROVIDER, AND PROVIDER’S SUPPLIERS, UNDER OR IN CONNECTION WITH THESE TERMS, SHALL BE LIMITED TO THE AMOUNT PAID FOR THE LICENSED SOFTWARE.
SURVIVAL OF DISCLAIMERS
The exclusions of warranties and liability limitations shall survive the termination of these TERMS, howsoever caused; but this survival shall not imply or create any continued right to use the Licensed Software after termination of these TERMS.
Licensee shall not ship, transfer, or export Licensed Software into any country or use Licensed Software in any manner prohibited by the applicable export control laws, notably where applicable, the United States Export Administration Act, restrictions, or regulations (collectively the “Export Laws.”) All rights to use the Licensed Software are granted on condition that Licensee complies with the Export Laws, and all such rights are forfeited if Licensee fails to comply with the Export Laws.
INTELLECTUAL PROPERTY OWNERSHIP
The Website and the Licensed Software and any authorized copies that Licensee makes are the intellectual property of, and are owned by, Provider, and by third parties whose intellectual property has been licensed by Provider. The Website, the structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential information of Provider and such third parties. The Licensed Software is protected by law, including without limitation, the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly provided in these TERMS, Licensee is not granted any intellectual property rights in Website and or in the Licensed Software.
RESERVATION OF RIGHTS
Provider reserves all rights not expressly granted to Licensee by this TERMS. The rights granted to Licensee are limited to Provider’s intellectual property rights, and to the intellectual property rights of third parties licensed by Provider. All rights are reserved under all applicable copyright laws.
COMPLETE AGREEMENT and BINDING EFFECT
These TERMS constitute the entire agreement between the Licensee and Provider relating to the use of the Website, and it supersedes all prior or contemporaneous representations, discussions, undertakings, communications, agreements, arrangements, advertisements, and understandings regulating the Website. These TERMS are binding on and made for the benefit of the parties and their successors and permitted assigns.
These TERMS may only be modified, supplemented or amended by Provider by posting it at Provider’s website: pchealthaid.com.
Except as provided in the “Dispute Resolution and Arbitration” Provision, if any provision of these TERMS is determined by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these TERMS will remain in full force and effect.
No failure or delay by Provider in exercising its rights or remedies shall operate as a waiver unless made by Provider’s specific written notice. No single or partial exercise of any right or remedy of Provider shall operate as a waiver or preclude any other, or further, exercise of that, or any other right, or remedy.