Welcome Guest. Sign in or Signup

Terms and Conditions

Consumer Terms & Conditions
IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THESE SERVICES
updated 11/17/2010
These terms and conditions (these “Terms” or this “Agreement”), together with any other policies or guidelines referenced herein, constitute the contract between You (“You” or “Your(s)”) and Fix Pickle (“We” or “Us” or “Our”) regarding Your access to and use of the Fix Pickle support service — including all technical support, advice, servicing and software provided as part of the Service (collectively, the “Service”). These Terms govern Your purchase and use of the Service, whether provided through a telephone agent or via the Internet through the Fix Pickle website located at http://www.FixPickle.com/ (“Site”). By purchasing and using the Service, You agree to these Terms.

Changes to these Terms of Service

These Terms may be amended by Fix Pickle and You will be notified on the Site of any such amendment(s). You can review the most recent version of these Terms at any time on the Site. Your use of the Service after the posted effective date of any revised Terms constitutes Your acceptance of those revised terms. We will indicate at the top of this webpage when the Terms were last updated.

Description of Service

The goal of the Service is to provide You technical support services by telephone and remotely over the Internet if necessary and possible. The Fix Pickle Technicians (“Technicians”) will make every reasonable attempt (best effort) to assist You with software and hardware troubleshooting, installation, configuration, set-up, as well as networking and other technological matters that are specifically included in the Service You purchase. Fix Pickle will not be held responsible for circumstances and causes beyond Our control such as natural or man-made disasters and situations such as power outages, computer “hacking” attack or computer viruses, or technical equipment failures, that would prevent Us from resolving Your computer issue(s). Fix Pickle reserves the right to change or modify the specific Service offerings included within the Service at any time.
The Service does not include assistance with Alpha or Beta testing software. The Service is not a hardware or software warranty or repair service. Fix Pickle will not fix or replace broken equipment as part of the Service.

No Guarantee of Results or Response/Appointment Times

All Services sold are based on “best effort” support with no guarantee of resolution implied or provided for troubleshooting of computers and other electronic devices. Technicians will provide technical support with supported products, but may not be able to resolve all issues presented. If a callback is applicable to the Service purchased, every effort will be made for a Technician to call back at an arranged time. Although We will make every reasonable effort to keep the Service appointment, there is no guarantee that We will be able to do so due to circumstances that may be out of Our control.

Refund of Purchased Services

Any Service provided is not refundable due to non-resolution of any or all issues, data loss, or any hardware or software failures that could result from this Service. Local service may also be advised depending on the results of the troubleshooting done such as Your need to obtain recovery media or parts to resolve the issue. Such situations are considered valid and chargeable support and will not be eligible for a refund of Services purchased in part or whole. Further, no refunds will be granted based on claims that a salesperson diagnosed a given issue, as they are not Technicians and have not performed any troubleshooting. Service provided by Fix Pickle is without respect to any warranty support customer may have with some other company/agency. Fix Pickle does not provide warranty support or refund for customers that have warranty with other companies/agencies.

Refunds will only be considered under the following conditions:

1) If, at the judgment of Fix Pickle, based upon the evidence of what Services were performed by the Technician(s), it is found that the troubleshooting done was not proper for the issue or issues presented and would not have contributed to a resolution of the issue or issues.

2) If an issue is considered to be out of scope by Fix Pickle.

Customer Authorization of Remote Access; Customer Cooperation

We may, but have no obligation to, monitor and record the Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to Fix Pickle to monitor and record the Services and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to You and Our Users; to protect Ourselves and/or Our Users; and to enhance the types of Services We may provide to You in the future. You also grant Fix Pickle permission to combine Your information with that of others in a way that does not identify You or any individual personally to improve the Services, for training, for marketing and promotional purposes, and for other business purposes. By registering for the Service, You agree to allow Our Technicians to use the tools they deem necessary or advisable to perform the Service, including obtaining remote access to Your computer and related network and peripherals during Your Service session. If Our Technicians advise You to take such preliminary steps as buying cables or cords, acquiring software, etc., they will create and keep a ticket open for You so that it can be referenced again when You are ready to go to the next step. If You cannot pursue the recommended course of action, Our Technicians will consider the ticket closed.

Limitation of Liability

IN NO EVENT SHALL FIX PICKLE, ITS SUPPLIERS, AND REFERRAL PARTNERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, WHETHER FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), MISPRESENTATION, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING FROM DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, SOFTWARE, CONTENT OR YOUR PERSONAL COMPUTER AND OTHER TECHNOLOGY INCLUDING, WITHOUT LIMITATION, LOST SALES, LOST REVENUE, LOST PROFITS OR OTHER LOSS OF BUSINESS, LOSS OF OR DAMAGE TO DATA, OR COST OF SUBSTITUTE SERVICES EVEN IF FIX PICKLE 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 FIX PICKLE, ITS SUPPLIERS, AND REFERRAL PARTNERS TO YOU IN THE AGGREGATE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SERVICES, SOFTWARE OR CONTENT EXCEED THE GREATER OF THE AMOUNT PAID FOR THE SERVICES AT ISSUE.

Termination of Service

You agree that Fix Pickle, in its sole discretion, may terminate Your account (or any part thereof) if Fix Pickle believes that You have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. We reserve the right to refuse, suspend or terminate any of Our Services to any user at Our sole discretion, without notice. These reasons include but are not limited to such occurrences as using a computer system fraudulently, illegally, or for propagating libelous or otherwise defamatory, obscene, pornographic, abusive, harassing or threatening material.

Complaint Resolution Policy

Fix Pickle will respond to any complaint within five (5) business days of receipt and will address and resolve any complaint within that timeframe. In the event We cannot reach a satisfactory resolution, We will use third-party dispute resolution services. Fix Pickle believes in customer satisfaction and will take the necessary steps to provide You with a fair, timely and effective means to resolve problems with any transaction within Our established Terms.