By completing the registration process and checking the "I Agree" box, you are indicating your agreement to be bound by the following Terms of Service which is a legally binding contract:

1. Support Agreement

SpeakWithAGeek^SM, a Arizona corporation (hereafter “SWAG”) agrees to provide each Customer with Technical Support (as defined below) and use commercially reasonable efforts to attempt to effect a Resolution (as defined below) of the issues contained in a Customer’s support request, according to the terms of this Support Agreement (“Agreement”).

“Technical Support” is defined as technical answers and advice pertaining to the installation, configuration and troubleshooting of most commonly available applications, operating systems, platforms and devices covered by this Agreement (collectively referred to as “Supported Systems”). You may access this link for a description of the types of Supported Systems. Support will be provided by a SWAG technical support professional (hereafter “Representative”) by telephone or email, depending upon Customer’s method of contact. Any support under this Agreement excludes hands-on consulting, project management, software development, formal training, and certification.

“Resolution” is defined as attaining one of the following: (a) accomplishment of the goals described in the initial support request or mitigation of the symptoms to a reasonably acceptable level, (b) the inability to accomplish the objectives set forth in the preceding subsection despite the application of commercially reasonable efforts in providing Technical Support, or (c) Customer not responding to a communication from a Representative within three (3) calendar days if a reply is requested. A Representative will employ commercially reasonable efforts to perform the services requested and to communicate the reasons for workarounds and/or limitations in Technical Support. Customer acknowledges that not all requests may be supportable, whether due to software limitations, installation environment, software or hardware errors or problems that may not be correctable or may be too difficult to resolve by telephonic, email or fax support. SWAG has limited proprietary information from vendors, manufacturers, and developers, and may not have the ability to obtain any proprietary information necessary to resolve Customer's technical problem. For those situations in which a Resolution is not achieved, SWAG will provide Customer with the contact information for the technical service department of the original equipment manufacturer or developer of the Supported System, if available to SWAG.

2. Accessibility of Services

SWAG Technical Support is only available for use by the Primary Customer (defined below) and any Secondary Customers (defined below) registered under the Primary Customer’s Account. “Primary Customer” is defined as an individual eighteen (18) years of age or older, who possesses the legal capacity required to form binding contracts under the laws of the State of Arizona, and who successfully completes the registration process required to begin receiving Technical Support. “Secondary Customer” is defined as any individual residing in the same household as the Primary Customer (subject to verification if requested by SWAG) and registered on SWAG’s records as being authorized by the Primary Customer to access his or her account and receive Technical Support. Depending on the support plan chosen by the Primary Customer, the addition, reduction or substitution of Secondary Customers to the account may not be permitted or limited. A Primary Customer and Secondary Customer may collectively be referred to in this Agreement as “Customer” or “Customers.”

SWAG Technical Support will only be provided for a Registered System. A “Registered System” is any Supported System to which Customer provides all information required either during the initial registration process or by a Representative during a Customer’s service request, and which is logged into the SWAG database as being associated with Customer. Depending upon the pricing plan chosen by the Primary Customer, the number of Registered Systems eligible for Technical Support and the frequency in which Customer may modify, change or add a Registered System to Customer’s account is limited.

Toll-free telephone support is only available to Customers calling from within the contiguous fifty (50) states within the United States. Technical Support is available to Customers residing outside of the United States by email only. We apologize for this limitation and are working on expanding our toll-free telephone support coverage.

3. Limitations on Service

This Agreement is intended for use only by Customers seeking Technical Support for Registered Systems used for private, personal and non-commercial use. Any violation of this provision may result in immediate termination of this Agreement at the sole discretion of SWAG.

4. Non-Transferability of Service

All services provided under this Agreement may not be transferred, assigned or resold by Customer. Any such purported transfer or assignment will be of no force or effect, considered void under this Agreement, and will subject this Agreement to immediate termination in the sole discretion of SWAG.

5. Availability of Technical Support

SWAG Technical Support is available 24 hours a day, 7 days a week, including holidays, by telephone, email or fax communication. Availability of immediate access to a Representative may vary depending on the time, day and date of a Customer’s service request and the volume of service requests from other customers in the aggregate. At this time, Technical Support requests must be submitted in the English language only. Our Representatives will respond back to Customers only in the English language. As our service expands, we hope to add multi-lingual support to our capabilities.

6. Member's Responsibilities & Warranties

Customer is responsible for providing all personal computer and communications equipment necessary to gain access to Technical Support services. Customer shall provide SWAG and any Representative with honest and accurate information as requested in order to receive Technical Support under this Agreement. Prior to seeking Technical Support, Customer is solely responsible for adequate protection and backup of Customer's data, software, hardware and other information contained on a Registered System (collectively referred to as “Data”). Neither SWAG nor any of its third-party product or service providers shall have any responsibility for loss or damage to Customer’s Data, should it occur, resulting from administering Technical Support to Customer, whether arising from the active or gross negligence of SWAG or any of its third-party produce or service providers.
Access to and use of Technical Support services is through a combination of an Identification (ID), and password. Each Primary Customer shall keep his or her password strictly confidential and only provide Primary Customer’s ID and password to Secondary Customers. Attempted use of a Primary Customer’s password by any person other than a Customer is a breach of this Agreement and may subject a Primary Customer’s account to immediate termination.

7. Billing

(b) Payment Methods

At this time, SWAG only accepts payment by Major credit card (Visa, MasterCard, and American Express) or debit card carrying the Visa or MasterCard logo. For verification purposes, please be sure to supply the correct billing information. This information must match with what the issuing company or bank has on file for Customer. Please be advised that credit cards issued outside of the United States may or may not be accepted for payment by our billing service. We apologize for any inconvenience in potentially being unable to accept payment using such credit cards.

SWAG reserves the right to validate the payment method information provided at registration and account updates by attempting a $1 authorization. Customer advised this procedure is not a charge, only an authorization.

(c) Updating Your Payment Information

SWAG offers a secure server for making credit card or personal contact information updates. Log in to our secure billing section of our website to review or change your online billing data. For billing purposes, SWAG will keep Customer’s credit card information on file and may ask Customer to periodically update it. Customer is required to update Customer’s credit card information before the credit card registered for payment on the SWAG database expires, or if Customer intends to close the credit card account, or if Customer desires to substitute a new credit card for billing purposes.

You may also make updates by phone at 1-480-315-8846 during standard Arizona office hours, 9:00am to 5:00pm Pacific Standard Time.

(d) Auto-Renewal of Agreement and Cancellation

All month-to-month Support Agreements are "auto-renewing," meaning that SWAG will bill a Customer’s credit card each month, on the anniversary of the calendar day Customer initially registered to receive services (hereafter the “Billing Date”), until Customer cancels this Agreement as set forth below. If the calendar day on which Customer subscribed does not exist in the following month(s), the Billing Date will be the date closest to the subscription anniversary date. For example, if a Customer subscribes on June 10, Customer’s next Billing Date is July 10. If Customer subscribes on March 31, Customer’s next Billing Date is April 30. Customer may cancel the month-to-month Support Agreement prior to the next Billing Date to avoid future charges by sending a written request to cancel service containing Customer’s Account number and identification via email or fax within three (3) calendar days of Customer’s next Billing Date. Faxes may be sent to (619) 374 2030 and emails to support@speakwithageek.com. Customer may also convert the month-to-month Support Agreement to a 6 month or 12 month agreement at anytime. No refunds are available under this type of payment plan.

All 6 month or 12 month Support Agreements will automatically be renewed for another period equal to the previous Support Agreement on the anniversary of Customer’s Billing Date, and SWAG will continue to bill Customer’s credit card each month until Customer cancels this Agreement. Customer may cancel either the 6 or 12 month service agreement and avoid further monthly charges by sending a written request to cancel service containing Customer’s Account number and identification via email or fax within seven (7) calendar days of Customer’s next Billing Date. Faxes may be sent to (619) 374 2030 and emails to support@speakwithageek.com. Customers canceling their Support Agreement prior to expiration of the complete contract duration are subject to an early termination fee as follows: (a) for 6 month plan, a $50.00 fee will apply and (b) for a 12 month plan, a $75.00 fee will apply. A limited cancellation period without penalty is available under either the 6 or 12 month type of payment plan as set forth below.

If Customer is not completely satisfied with a 6 or 12 month payment plan, Customer may request a cancellation of the Service Agreement within five (5) days of the date Customer initially registered for service by sending a written request to cancel service containing Customer’s Account number and identification. Provided Customer adheres with the aforementioned condition, no early termination fee will apply. Faxes may be sent to (619) 374 2030 and emails to support@speakwithageek.com. However, Customer is not entitled to a refund of the first month’s charge for the Service Plan being cancelled.

After the initial seven (7) day period expires, Customers canceling their Support Agreement are subject to the early termination fees set forth above.

(e) Non-Payment

A late fee of 1.5% monthly or the amount otherwise authorized by law, whichever is lower, will be charged on any past due account balances. SWAG reserves the right to cancel accounts for non-payment in its sole discretion.

(f) Collection Costs

In the event SWAG is required to initiate legal proceedings to collect any amounts due to SWAG for monthly service charges and/or early termination fees owed by Customer under this Agreement, or to enforce any judgment obtained against a Customer, or for the enforcement of any other provision of this Agreement or applicable law, Customer shall, in addition to all amounts due, be liable to SWAG for all reasonable costs incurred by SWAG in such proceedings and enforcement actions, including reasonable attorneys' fees, collection agency fees or payments, and court costs.

(g) Billing Questions

Customers having questions about their bill or about SWAG's billing policies should contact SWAG by email first, and if no response is received within two (2) business days, then by telephone at 1-866-993-HELP and ask for a Technical Support Manager. Customers are reminded to review their credit card bills for the monthly service charge. Disputed charges must be reported to SWAG within sixty (60) days from the date the charge appears on Customer’s credit card statement. After expiration of the sixty (60) day period, all monthly service charges are considered accurate and final.

(h) Compliance with Laws; Fraud.
The SWAG website and Technical Services only may be used for lawful purposes and in a lawful manner. Customer agrees to comply with all applicable laws, statutes and regulations regarding use of the services under this Agreement. Customer may not register under a false name or use an invalid or unauthorized credit card or debit card. Any such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and SWAG will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

8. Fair Use & Monitoring

SWAG has set no fixed upper limit on the amount of telephone or online support requests a Customer may make annually. However, SWAG has based its service commitment and pricing based upon reasonable use expectations of the average Customer (collectively referred to as “Fair Use”). SWAG reserves the right to monitor and record the nature and amount of Technical Support requested by each Customer. Should SWAG conclude in its sole discretion that Customer is requiring Technical Support in amounts greater than reasonably expected, or if SWAG believes that Customer is using the Technical Services for consulting, project management, software development, formal training and/or certification, to run a technical support business, for commercial purposes, or other fraudulent uses, any computer system or device other than a Registered System, or has allowed any person other than a Secondary Customer to use Customer’s account to receive support services, SWAG may immediately terminate this Agreement.

Should SWAG decide to terminate this Agreement for the reasons set forth above, SWAG will notify Customer by email or telephone. Customer then within three (3) days of receiving the termination notice, may set forth reasons why termination is not warranted. SWAG will consider Customer’s objections and thereafter render its decision. Any decision not to terminate Customer’s account does not preclude SWAG from terminating Customer’s account at a later date should a violation of this Fair Use policy occur or other reasons set forth in this Agreement.

9. Third-Party Link and Content Disclaimer

SWAG’s web site may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of SWAG and SWAG is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SWAG is not responsible if the Linked Site is not working appropriately. SWAG is providing these links to Customer only as a convenience, and the inclusion of any link does not imply endorsement by SWAG of the site or any association with its operators. Customer is solely responsible for reviewing the Linked Sites’ privacy policy and terms of use agreements and if deemed acceptable to Customer, to abide by these rules and restrictions.

10. SWAG Privacy Policy; Third-Party Privacy Practices

All use by Customer of the services under this Agreement and the SWAG website is subject to SWAG's Privacy Policy (which may be reviewed by clicking here) and SWAG’s Website Legal Use Policy (which may be reviewed by clicking here). Though SWAG promotes responsible privacy policies, SWAG cannot control or be responsible for the privacy practices of third-party websites to which the SWAG website contains links, or for the privacy practices of providers of software or other products that are available from the SWAG website or referenced therein.

11. NO WARRANTIES

OTHER THAN ANY EXPRESSLY STATED WARRANTY HEREIN THIS AGREEMENT, ALL TECHNICAL SUPPORT, THE SWAG WEBSITE (INCLUDING ALL INFORMATION AND PRODUCTS THAT ARE REFENCED OR LINKED TO IN THE SWAG WEBSITE), AND ALL OTHER INFORMATION, DOCUMENTS, PRODUCTS, SERVICES, ADVICE, AND INFORMATION PROVIDED BY SWAG AND ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SWAG ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR OTHER INADEQUACIES IN THE PERFORMANCE OF TECHNICAL SUPPORT SERVICES PURSUANT TO THE SUPPORT AGREEMENT, THE SWAG WEBSITE (INCLUDING ALL INFORMATION AND PRODUCTS THAT ARE REFENCED OR LINKED TO IN THE SWAG WEBSITE), OR ANY OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, SERVICES, ADVICE, AND INFORMATION PROVIDED BY SWAG OR ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS.

12. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SWAG OR ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE RECEIPT OF OR RELIANCE UPON TECHNICAL SUPPORT SERVICES PROVIDED TO CUSTOMER UNDER A SUPPORT AGREEMENT, OR BY A CUSTOMER’S USE OF, OR THE INABILITY TO USE, ANY SWAG WEBSITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF SWAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CUSTOMER. IN THE EVENT OF NON-APPLICABILITY OF THE PRECEDING, IN NO EVENT SHALL SWAG’S TOTAL LIABILITY TO CUSTOMER FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHER LEGAL THEORY) EXCEED THE MONTHLY AMOUNTS PAID BY CUSTOMER UNDER ANY SUPPORT AGREEMENT.

13. INDEMNITY

In consideration for receiving Technical Support services under this Agreement, Customer agrees to indemnify, save and hold harmless SWAG and its employees, agents, officers and directors from and against any and all demands, liabilities, costs, penalties, obligations, interest, damages and expenses of whatever nature or kind, including fees of attorneys (including both outside and in-house attorneys' fees) and all other expenses, related to or arising from Customer’s request that SWAG provide Technical Support for any Registered System to which Customer lacks or is disputed by any third party to lack proper legal title, ownership, or the necessary license or otherwise to possess or use, or Customer’s violation of any state, federal, foreign or international laws, codes or regulations.

14. RESTRICTIONS ON USE OF MATERIALS

All materials contained in any SWAG website are the copyrighted property of SpeakWithAGeek^SM, a Arizona Corporation or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to SpeakWithAGeek^SM, a Arizona Corporation or its affiliates. No material from any SWAG Site or any Internet site owned, operated, licensed, or controlled by SWAG or its affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that Customer may download one copy of the materials on any single computer for Customer’s personal, noncommercial home use only, provided that (i) Customer keeps intact all copyright and other proprietary notices, (ii) Customer makes no modifications to the materials, (iii) Customer does not use the materials in a manner that suggests an association with any of SWAG’s products, services, or brands, and (iv) Customer does not download quantities of materials to a database that can be used to avoid future downloads from any SWAG Site. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to SWAG.

15. FORCE MAJEURE

In the event SWAG's delivery of Technical Support services is delayed, prevented, or otherwise made impracticable by reason of any acts of God, fires, floods, earthquakes, or other natural catastrophes; national emergencies, strikes, lockouts or other labor difficulties; computer "hacking" attack or computer virus; any law, order, regulation or other action of any governing authority; or any other cause beyond SWAG's reasonable control, then SWAG’s shall be excused from such delivery to the extent that it is delayed or prevented by such cause, and in turn, Customer shall be excused from making payment if owed under the Support Agreement during this same time period.

16. MODIFICATION OF TERMS OF SERVICE

SWAG reserves the right to amend the Terms of Service that govern use of Technical Support services at any time by (a) posting a revised version of the Terms of Service on the SWAG website, or by (b) sending information regarding any amendment to the Terms of Service to the email address Customer provides to SWAG, and if no email is available, to the fax number provided by Customer. Customer is obligated to ensure that SWAG is always provided with Customer’s current email address and/or fax number. Customer is responsible for regularly reviewing the SWAG website to be notified of any amendments to the Terms of Service. Customer's continued use of the Technical Support services after such amended Terms of Service have been posted or information regarding such amended Terms of Service has been sent to Customer shall be deemed acceptance by Customer of the amended Terms of Service.

17. APPLICABLE LAW AND ARBITRATION

The laws of the State of Arizona govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws.
CUSTOMER AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR SWAG’S SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION SHALL BE CONDUCTED IN MARICOPA COUNTY, Arizona, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING COMPETENT JURISDICTION THEREOF. EITHER CUSTOMER OR SWAG MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN MARICOPA COUNTY, Arizona, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF CUSTOMER OR SWAG PENDING THE COMPLETION OF ARBITRATION AND CUSTOMER HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS

18. GENERAL PROVISIONS

Entire Agreement
This Agreement and the general terms, conditions set forth on the website, including but not limited to those set forth in the Privacy Policy and Website Legal Use Policy, constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

No Agency; Third-Party Beneficiary
SWAG is not the agent, fiduciary, trustee or other representative of Customer. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of SWAG and Customer.

Severability
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

No Waiver
SWAG’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of SWAG’s right to subsequently enforce such provision or any other provisions of this Agreement.