Terms of Service, Privacy Policy, Refund Policy

These terms (the “Terms”) govern Your use of Five Seasons Computer Services (the “Service”) provided by Five Seasons Computer. By accessing, ordering or using the Service via telephone or online via, You (“You” or “Your”) and other users of the Service (collectively, “Users”) agree to these “Terms. If You do not agree to these Terms, You may not access or use the Service.

Terms of Use: We provide You with access to and use of the Service subject to Your compliance with the Terms. Five Seasons Computer reserves the right to refuse to provide the Service to anyone at any time without notice for any reason. You represent and warrant to us that (a) You are at least 18 years old; (b) You have the right, capacity and authorization necessary to legally bind Yourself to the Terms; (c) You will comply with all treaties, laws, rules and regulations applicable to Your use of the Service, (d) any information You submit to Five Seasons Computer is correct and complete, and (e) any payment or credit card information You supply is correct.

Authorization to Access Your Computer: You acknowledge that by Your use of the Service You are authorizing Five Seasons Computer to access and control Your computer for the purpose of computer diagnosis, service and repair. In connection with delivering the Service, Five Seasons Computer may download and use software, gather system data, take remote control of Your computer and access or modify Your computer settings. By accepting these terms, You hereby grant Five Seasons Computer the right to connect to Your computer, download and use software on Your computer to gather system data, repair Your computer, take remote control of Your computer and change the settings on Your computer while performing the Service. Other than as set forth in the warranty section below, You agree that Five Seasons Computer has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the Service.

Data Backup: FIVE SEASONS COMPUTER DOES NOT PROVIDE DATA BACKUP OR RESTORATION SERVICE. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ALL INFORMATION, DATA, TEXT OR OTHER MATERIALS (COLLECTIVELY “CUSTOMER DATA”) AND SOFTWARE STORED ON YOUR COMPUTER AND STORAGE MEDIA BEFORE ORDERING THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT FIVE SEASONS COMPUTER OR ITS REFERRAL PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF THE SERVICE. FIVE SEASONS COMPUTER DOES NOT PROVIDE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE TO CUSTOMERS. PLEASE ENSURE THAT YOU HAVE A LICENSED COPY OF ALL NECESSARY SOFTWARE.

Scope of Service: You may initiate the Service via telephone or integrated chat client installed at time of Service registration. The Service only covers the original computer purchased at the point of Service sale. Five Seasons Computer will use reasonable best efforts to answer Your personal computer question and resolve Your personal computer problem. Five Seasons Computer will make every reasonable attempt to troubleshoot, analyze, assess, correct or otherwise fix Your computer or network problem. If Five Seasons Computer is unable to resolve your computer problem, You will still be liable for charges for time spent by Five Seasons Computer in an attempt to correct a problem.

If You partially or fully “undo” or remove the work completed by a Five Seasons Computer technician, Five Seasons Computer is not obligated to rework previous work that has already been completed by the technician. Five Seasons Computer may charge You $99.95 per hour to redo work that was completed on previous work sessions.

Warranty: YOU UNDERSTAND AND AGREE THAT THE SERVICE (INCLUDING, WITHOUT LIMITATION, ALL ADVICE, CONTENT, AND SOFTWARE) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OF THE SERVICE, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FIVE SEASONS COMPUTER DOES NOT WARRANT THAT THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR COMPUTER PROBLEM. FIVE SEASONS COMPUTER MAKES NO WARRANTY THAT THE SERVICE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, CONTENT OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE SHALL CREATE ANY WARRANTY. ANY CONTENT OR SOFTWARE THAT YOU ACCESS, DOWNLOAD OR USE WITH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Use of Software and Tools: Five Seasons Computer may need to download and/or run software on Your computer to help diagnose and resolve computer problems. Five Seasons Computer uses several types of software: the first type provides computer system information to Five Seasons Computer which helps diagnose and resolve Your computer problem, the second type allows Five Seasons Computer to remotely connect to and control Your computer, and the third type generally consists of utilities and other tools to improve computer performance and help solve Your computer problem. You acknowledge and agree that use of all software and third party software and tools (accessed, downloaded or otherwise provided or made available with the Service (collectively “Software”) are subject to the license agreements that may appear or be referenced when You access or download the software. You may not access, download or use any Software without agreeing to the terms and conditions of the license agreements without modification. You agree that Five Seasons Computer may download and utilize Software from third party web sites and accept any applicable license agreements on Your behalf. You acknowledge and agree that Five Seasons Computer may download and install trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless You purchase a license to continue using such Software. You may use the software only in connection with the Service and for no other purpose. You agree that we may, but are not obligated to, remove any Software downloaded to Your computer during the Service after we have completed or terminated the Service.

Customer Responsibilities: You must cooperate with Five Seasons Computer and promptly respond to our requests for information and comply with our requests to take actions to resolve Your technology problem. You must consent to the downloading and use of Software on Your computer and accept all applicable license agreements for the Software.

Monitoring of the Service: We may, but have no obligation to, monitor and record the Service, including telephone calls and online chat sessions for purposes of improving customer service, internal training and internal market research. You acknowledge and agree that Five Seasons Computer retains the right to monitor and record the Service and to disclose any information as necessary or appropriate to satisfy law, regulation or other governmental request, to operate the Service properly, or to protect ourselves and/or our customers. Please see our Privacy Policy for further details.

Registration, Passwords and Security: In order to use the Service, we may require that You register. During the registration process, You may be asked to designate, or we may designate for You, a user name and password. You are responsible for maintaining the confidentiality of any password or account information You receive from Five Seasons Computer, and are responsible for all activities that occur using that password or other account information. You must notify Five Seasons Computer immediately upon learning of any unauthorized disclosure or use of Your password or other account information. Five Seasons Computer has no liability for unauthorized use of the Service under Your account or on Your computer.

Service Availability: The Service may not always be available in Your time zone or geographic location. The Service may not always be available due to system maintenance or Internet service disruptions.

Use of the Service: You may not use, download or copy any information, data, text, photographs, graphics, video, or other materials provided with the Service (“Content”) unless: (1) You use the Content solely for personal, informational and non-commercial purposes; (2) Five Seasons Computer’s trademarks and copyright symbol and statement set forth appears on each downloaded or copied page; (3) no modifications are made to any Content; and (4) Five Seasons Computer has reviewed and authorized such use.

The rights granted to You in connection with the Service constitute a license and not a transfer of title. Five Seasons Computer reserves the right to revoke the authorization to view, download and print the Content available at any time, and any such use shall be discontinued immediately upon notice from Five Seasons Computer. Except as expressly provided herein, You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post transmit or distribute any Content from the Service in whole or in part without the prior written permission of Five Seasons Computer. Any rights not expressly granted herein are reserved by Five Seasons Computer.

Restrictions: You shall not: (a) “mirror” any Content on the Site on any other server without Five Seasons Computer’s prior express written permission, (b) use the Service for any illegal purpose, (c) misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of Five Seasons Computer or its customers or its suppliers, including but not limited interfering with or otherwise disrupting networks connected to the Service, (d) engage in any activities or actions in connection with the Service that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information, (e) engage in any activities that violate the personal privacy or publicity rights of others; (f) access, monitor or use data, traffic, computers, systems, facilities or networks provided with or accessible from the Service, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (g) send unsolicited commercial messages, advertising, informational announcements or communications in any form (“SPAM”) in connection with the Service; or (h) interfere with the Service or any system, service, network, or person accessible from the Service, including without limitation deliberate attempts to overload a system by the multiple postings of messages.

Modifications to the Service: We reserve the right, for any reason, in our sole discretion and without notice to You, to modify, terminate, change, suspend or discontinue any and all aspects of the Service, including Content, Software, features and/or hours of availability, and we will not be liable to You or to any third party for doing so.

Security: While we use reasonable security measures to deliver the Service, You understand and acknowledge that no data transmission of the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that any personal information You submit to us will be free from unauthorized intrusion.

Submissions: All comments, feedback, information (other than Your personally identifiable information or billing information) or materials submitted to Five Seasons Computer (“Submissions”) shall be considered non-confidential and Five Seasons Computer’s property. By providing such Submissions to Five Seasons Computer, You agree to assign to Five Seasons Computer, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Five Seasons Computer shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that You are responsible for the Submissions that You provide, and that You have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. Any or all Submissions You provide in connection with the Service may be purged periodically in Five Seasons Computer’s sole discretion.

International Use: Currently, the Service is only available for residents of the United States. Five Seasons Computer may, from time to time, offer promotions to residents of other countries. You agree to comply with all applicable export laws and regulations, including without limitation, those of the United States Department of Commerce. You represent and warrant that You are not on the United States’ prohibited party list and not located in or a national resident of any country on the United States’ prohibited country list.

Proprietary Rights: Five Seasons Computer respects the proprietary rights of software and hardware manufactures and will not install or support unlicensed materials.

Trademark Information: Five Seasons Computer, and all Five Seasons Computer product names, service names, logos, designs, titles, words or phrases are protected under law as the trademarks, service mark or trade names of Five Seasons Computer. Such trademarks, service marks and trade names may be registered in the United States and internationally. Nothing on the Site should be construed to grant any license or right to use any Five Seasons Computer marks without the written consent of Five Seasons Computer. All other trademarks, product names, trade names, and logos used within these pages are the property of their respective holders. Use of other company trademarks, trade names, product names and logos or images of the same does not necessarily constitute: (1) an endorsement by such company of Five Seasons Computer and its products, or (2) an endorsement of the company or its products by Five Seasons Computer.

Dealings with Third Parties: Your dealings with other entities promoted on or through the Service, including payment and delivery of related goods or Service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such other entity. You agree that Five Seasons Computer shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on the Service. Likewise, any third parties that may refer You to the Service have no responsibility or liability for the Service provided by Five Seasons Computer.

TERMINATION: FIVE SEASONS COMPUTER RSERVES THE RIGHT TO CEASE PROVIDING THE SERVICE FOR ANY REASON AT ANY TIME AND INSTEAD REFUND ANY UNUSED PORTION OF THE SUBSCRIPTION PLAN, IF ANY, AFTER TERMINATION OF THE SERVICE. FIVE SEASONS COMPUTER SHALL BE SOLELY RESPONSIBLE FOR DETERMINING ANY REMAINING PORTION BY, BUT NOT LIMITED TO, THE FREQUENCY OF CALLS, THE TIME SPENT IN PREVIOUS CASES, AND YOUR ABILITY TO FOLLOW ADVICE AND SOFTWARE PROVIDED. IF YOU BREACH THE TERMS NO REFUND WILL BE PROVIDED, OTHER THAN PROVIDING A REFUND WHEN WE TERMINATE FOR OUR CONVENIENCE, FIVE SEASONS COMPUTER WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR TERMINATION OF THE SERVICE FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT UPON TERMINATION FIVE SEASONS COMPUTER MAY IMMEDIATELY DEACTIVE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR BAR ANY FURTHER ACCESS TO THE SERVICE.

INDEMNITY: YOU AGREE TO DEFEND, INDEMNIFY AND HOLD FIVE SEASONS COMPUTER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, IN ANY WAY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR YOUR VIOLATION OF THE TERMS.

LIMITATION OF LIABILITY: IN NO EVENT SHALL FIVE SEASONS COMPUTER, ITS SUPPLIERS AND REFERRAL PARTNERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, SOFTWARE, CONTENT OR YOUR COMPUTER AND OTHER TECHNOLOGY INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICE, EVEN IF FIVE SEASONS COMPUTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL THE TOTAL LIABILITY OF FIVE SEASONS COMPUTER TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SERVICE, SOFTWARE OR CONTENT EXCEED THE AMOUNT PAID FOR THE SERVICE AT ISSUE.

Applicable Law; Arbitration; Jurisdiction: You agree that the laws of the state of Iowa, excluding its conflicts-of-law rules, shall govern these Terms. Except for actions or injunctive relief to protect Five Seasons Computer’s intellectual property, any dispute arising out of the Service shall be subject to binding arbitration in Linn County, Iowa. Such arbitration shall be conducted by a single arbitrator under the then current rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms may be joined with an arbitration involving any other party subject to these Terms through class arbitration proceedings or otherwise.

In the event Five Seasons Computer seeks injunctive relief against You for breach of its intellectual property rights, You expressly agree that exclusive jurisdiction for any claim or dispute with Five Seasons Computer or relating in any way to Your use of the Service resides in the state and federal courts of Linn County, Iowa, and You further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of Linn County, Iowa, in connection with any such dispute and including any claim involving Five Seasons Computer.

You agree that, notwithstanding any statute of limitations or other law which provides otherwise, any claim or cause of action arising out of or relating to the Service, these Terms or the Site must be filed within one (1) year after such claim or action arose or be forever barred.

Electronic Communications: The information communicated on this Site constitutes an electronic communication. When You communicate with us through the Site or other forms of electronic media, such as e-mail, You are communication with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements and other communications that we provide to You electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us.

Notices and communications to Five Seasons Computer must be sent to the applicable address given in these Terms or to helpdesk@fiveseasonscomputer.com

Notice for California Users: Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The headquarters of Five Seasons Computer is currently located at 3113 Elaine DR NW, Cedar Rapids, Iowa 52405, by phone (888) 558-3831. The charges for the Service are specified on the Site. If You have a complaint regarding the Service, please contact Five Seasons Computer by writing to the address above, or by e-mail at helpdesk@fiveseasonscomputer.com , or by calling (888) 558-3831. The Consumer Information Center of the Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95384, or by telephone at (916) 445-1254 or (800) 952-5210.

General Information: This version of the Terms is currently effective. By using the Service following any modifications to the Terms, You agree to be bound by such modifications. The failure of Five Seasons Computer to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign the Terms or any of Your rights or obligations under the Terms. The Terms insure the benefit of Five Seasons Computer successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Five Seasons Computer has created this privacy statement in order to demonstrate our commitment to privacy to our customers and users of this website.

This privacy policy governs the manner in which Five Seasons Computer uses, maintains and discloses information collected from its customers and users of its Website.

Five Seasons Computer is committed to developing long lasting relationships based on trust. In furtherance of this goal, Five Seasons Computer will do everything in its power to ensure that your right to privacy is maintained and protected. This Website is not directed at children under 13 years of age.

Information We Collect: Five Seasons Computer may request or collect personal information from online users in a variety of ways, including through online forms for ordering products and services, and other instances where users are invited to volunteer such information.

The information we collect is personal information that identifies you personally, such as:
     * Your Name
     * E-mail Address
     * Postal Address
     * Telephone and Telefax Numbers
     * URL
     * Other Billing Information

Five Seasons Computer may also collect information about how users access the website using a tracking ID unique to each user through the use of cookies.

What are Cookies? A cookie is a piece of data stored on the user's computer tied to information about the user. We may use both session ID cookies and persistent cookies. For session ID cookies, once you close your browser or log out, the cookie terminates and is erased. A persistent cookie is a small text file stored on your computer’s hard drive for an extended period of time. Your browser’s help file contains information and instructions for removing persistent cookies. Session ID cookies may be used by Five Seasons Computer to track user preferences while the user is visiting the website. They also help to minimize load times and save on server processing. Persistent cookies may be used by Five Seasons Computer to store whether, for example, you want your password remembered or not, and other information. Cookies used on the Five Seasons Computer Website do not contain personally identifiable information.

Log Files: Like most standard Websites, we use log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. However, none of the information stored in our log files, including but not limited to IP addresses, is linked to personally identifiable information.

How We Use This Information:Five Seasons Computer may use the personally identifiable information collected by Five Seasons Computer to contact customers regarding products and services offered by Five Seasons Computer and, to the extent the User has agreed to it, by its trusted affiliates, independent contractors and business partners. We may also use this information for research purposes regarding the effectiveness of our Website services, marketing, advertising and sales efforts. Five Seasons Computer will not in any way share this information with a third party either for free or by selling it, unless you specifically authorize such disclosures.

Disclosure of Information:Five Seasons Computer may also disclose aggregate, anonymous, data based on information collected from Users to investors and potential partners. In such cases, statistical information only will be disclosed and personally identifiable data will be kept strictly confidential. In case Five Seasons Computer is sold, the information collected from users may be transferred to the new owners.

Five Seasons Computer may from time to time engage third parties, including its own subsidiaries and affiliated companies, to preserve, analyze or otherwise store or manipulate data received by Five Seasons Computer from its customers. In all such cases, such third party service providers will be required to treat all such data with the same degree of care as Five Seasons Computer and they will be prohibited from disclosing such data to any other person or party, except as otherwise provided for in this Privacy Policy.

Special Offers and Updates: Our customers and users will occasionally receive information on products, services, special deals, and possibly a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications.

Service Announcements: On rare occasions it is necessary to send out a strictly service related announcement, if, for instance, our service is temporarily suspended for maintenance. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.

Legal Disclaimer: Though we make every effort to preserve your privacy, we may need to disclose personal information when required by law, if we have a good-faith belief that such action is necessary and required to comply with a current judicial proceeding, a court order or legal process served on Five Seasons Computer.

The Five Seasons Computer Website contains links to other sites. Please be aware that Five Seasons Computer is not responsible for the privacy practices of such other sites. We encourage you to read the privacy statements of each and every Web site that collects personally identifiable information. The Five Seasons Computer Privacy Policy as described herein applies solely to information collected by Five Seasons Computer.

Maintenance of Information: The information provided to Five Seasons Computer is saved indefinitely and may be stored on one or more databases directly or indirectly maintained by Five Seasons Computer. Five Seasons Computer employs industry standard security measures to protect the confidentiality of the information. While we cannot guarantee that loss, misuse or alteration to data will not occur; we make every effort to prevent such occurrences. Any other particularly sensitive information, such as credit card numbers collected for commercial transactions, is encrypted prior to transmission by you to Five Seasons Computer.

Your Responsibility: You are responsible for the security of your Customer ID and passwords. Make sure you keep it in a safe place and do not share it with others.

Always remember to log out after your session ends, to ensure that others cannot access your private personal information. You should take this precaution even if you are not using a public computer, such as at a library or internet café, but even when using your private computer in your home.

Questions: Any questions concerning this Privacy Policy may be directed through our contact page.

Please Note: If you are having problems with 3rd party software, hardware, or other equipment that we sold to you; or if you have questions prior to your service purchase, please contact us right away. If you have questions or issues after a service you purchased please add the notes to your ticket in the helpdesk, or call us.

Refunds: We offer a 48 hour refund policy on all charges. If for some reason the service was not performed to your satisfaction let us know within 48 hours and we will either fix it, or refund the charge 100%.

Guarantees: We provide a 14 Day guarantee on our Wireless Network Setup service. If you purchase another wireless capable device and need it added to a wireless network that we setup, we will add the device at no additional charge within the 14 day period.