By purchasing, using and/or receiving a DiCicco Technology Solutions LLC web-based or remote technical support, data, repair or networking service(s) (“Service(s)”), you accept and agree to be bound by these DiCicco Technology Solutions LLC Remote Services Terms and Conditions, as updated by DiCicco Technology Solutions LLC from time to time (“Service Terms”).

DiCicco Technology Solutions LLC will only perform and provide service(s), repair(s), upgrade(s) and/or consultation(s) as requested by Customer. DiCicco Technology Solutions LLC will conduct honest, reasonable, and considerate services, however specific results cannot be guaranteed.

These Service Terms comprise the entire agreement between you and DiCicco Technology Solutions LLC with respect to the Service and will prevail over any conflicting, additional, or other terms of any marketing collateral or other document or expression.

References herein to “DiCicco Technology Solutions LLC” are referring to DiCicco Technology Solutions LLC and their affiliates, employees or third party service providers, as the case may be. References herein to “you”, “your”, “I”, or “Customer” are references to the person purchasing, using and/or receiving the Service(s) which are subject to these terms and conditions.

PREREQUISITES

To receive the Service(s), you will need a broadband or high-speed internet connection and modem. You will also need to provide information about the symptoms and causes of issues you are experiencing. You will need to respond to requests for information such as your product serial number, model, version of the operating system, and software installed, any peripheral devices connected to or installed on your product, any error messages displayed, the actions which were taken before your device began experiencing issues and steps already taken to try to resolve the issues.

If you require in-person services, you agree to be bound by our In-Person Service Terms and Conditions.

ADDITIONAL COSTS

Additional costs and fees may apply to orders where the service required exceeds the scope of work for services already purchased. DiCicco Technology Solutions LLC will provide you with notice of the cost of additional services prior to performing work beyond the Service(s) already purchased.

NON-CANCELABLE

Unless otherwise stated in writing, all fees and charges are non-cancelable once service begins.

SOFTWARE

DiCicco Technology Solutions LLC may use tools it deems necessary for Service(s), including remote access, and may install software that allows you to obtain additional technology services. For software installations, you authorize DiCicco Technology Solutions LLC to accept End User License Agreements on your behalf.

CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA

You agree that prior to DiCicco Technology Solutions LLC performing the Service(s) it is solely your responsibility to back up the data, software, information or other files stored on your product. You also agree that whether you have requested that DiCicco Technology Solutions LLC attempt to back up your data or not, you waive any data loss claims against DiCicco Technology Solutions LLC as under no circumstances shall DiCicco Technology Solutions LLC be liable for any loss, alteration, or corruption of any data or loss of any media from your device(s).

LIMITATIONS TO SERVICE(S)

DiCicco Technology Solutions LLC shall not be liable for any failure or delay in performance due to any cause beyond its control. DiCicco Technology Solutions LLC reserves the right to refrain from providing the Service(s) ordered on the basis that the minimum system requirements are not met or the technical needs or other requirements you have are unusual or extensive and beyond the scope of these Service Terms, as determined by DiCicco Technology Solutions LLC.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

THE SERVICE(S) AND ALL INFORMATION, CONTENT, OR MATERIALS INCLUDED IN OR MADE AVAILABLE AS PART OF THE SERVICE(S) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, DICICCO TECHNOLOGY SOLUTIONS LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, CONTENT OR MATERIALS OBTAINED OR MADE AVAILABLE TO YOU THROUGH THE SERVICE(S). YOUR USE OF THE SERVICE(S) AND ALL INFORMATION, CONTENT OR MATERIALS INCLUDED IN OR MADE AVAILABLE AS PART OF THE SERVICE(S) IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DICICCO TECHNOLOGY SOLUTIONS LLC DISCLAIMS ALL WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DICICCO TECHNOLOGY SOLUTIONS LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES ARISING FROM THE SERVICE(S) OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED IN OR MADE AVAILABLE AS PART OF THE SERVICE(S), EVEN IF DICICCO TECHNOLOGY SOLUTIONS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY CAUSED BY THE SERVICE(S), DICICCO TECHNOLOGY SOLUTIONS LLC’S GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD.

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, DICICCO TECHNOLOGY SOLUTIONS LLC’S MAXIMUM LIABILITY TO YOU ARISING FROM OR RELATED TO DICICCO TECHNOLOGY SOLUTIONS LLC UNDER THESE SERVICE TERMS WILL BE LIMITED TO THE SUMS PAID BY YOU TO DICICCO TECHNOLOGY SOLUTIONS LLC UNDER THESE SERVICE TERMS.

I HEREBY WAIVE ANY DATA LOSS OR MEDIA LOSS CLAIMS, WHETHER OR NOT I HAVE REQUESTED DICICCO TECHNOLOGY SOLUTIONS LLC ATTEMPT TO BACK UP MY DATA, AGAINST DICICCO TECHNOLOGY SOLUTIONS LLC AS UNDER NO CIRCUMSTANCES SHALL DICICCO TECHNOLOGY SOLUTIONS LLC BE LIABLE FOR ANY LOSS, ALTERATION OR CORRUPTION OF ANY DATA, OR LOSS OF ANY MEDIA FROM MY PRODUCT.