REGARDING YOUR USE OF brightpcguru’S WEBSITE AND brightpcguru’S COMPUTER SUPPORT SERVICE
AND YOUR RELATIONSHIP WITH brightpcguru. YOU SHOULD READ THEM CAREFULLY AS THEY
CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS SUCH AS HOW LONG IT LASTS, FEES
FOR EARLY TERMINATION, OUR RIGHTS TO CHANGE ITS CONDITIONS, LIMITATIONS OF
LIABILITY, PRIVACY, SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT AND
CLASS ACTION WAIVER. IF YOU ACCEPT THIS AGREEMENT, IT WILL APPLY TO ALL YOUR SERVICE
PLANS FROM US, INCLUDING ALL YOUR EXISTING PLANS. YOUR ACCEPTANCE OF THESE TERMS
& CONDITIONS WILL BE IMPLIED BY THE USE OF THE brightpcguru SERVICE.
THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY
STATE THE ENTIRE AGREEMENT BETWEEN YOU AND brightpcguru (THE “AGREEMENT”). The Plan
Order will form the part of the “Agreement” only if it has been acknowledged by brightpcguru in
writing or by an e-mail. You must agree to the Terms and Conditions in order to be eligible to
use the brightpcguru Websites (defined below), or obtain brightpcguru Services (defined below).
incorporated by reference to these Terms and Conditions.
Software, Materials, Services and other related information are collectively referred to as
“You” or “you”
“You” means you individually, any person, including any employer that you are acting on behalf
“brightpcguru Certified Technician/(s)”
“brightpcguru Certified Technician means” technicians and specialists certified by brightpcguru to
perform the Services under this Agreement.
“Subscription Based Plans”
“Subscription Based Plans” or “Subscription/(s)” are tenured Subscription plans offered by
brightpcguru that are active for a specified period and will not include any incident based plans such
as “Per Incident Plan” or the like.
All references to “Services” refer to any brightpcguru service delivered under the plan that you enter
into with brightpcguru through use of the brightpcguru Websites (defined below) or by calling the
plans available through the brightpcguru’s Website, and any use of the brightpcguru Websites. In the
requesting Services (“Plan Order”).
brightpcguru Websites includes www.brightpcguru.org, www.brightpcguru.uk.com, www.brightpcguru.org.au,
www.brightpcguru.co.uk, www.brightpcguru.ca, www.brightpcguru.cc, www.brightpcguru.ie, www.brightpcguru.biz,
www.brightpcguru.net, www.brightpcguru.us and or any other owned, operated, licensed or controlled by
Lester Inc or Lester Infoservices or Lester Technologies.
“Materials” means any web casts, download areas, white papers, press releases, datasheets,
FAQs, product information, quick reference guides, or other works of any kind that are made
available to download from the brightpcguru Websites are the proprietary and copyrighted work of
brightpcguru and/or its suppliers. The definition of “Materials” does not include the design or layout
of the brightpcguru.net web site or any other brightpcguru owned, operated, licensed or controlled
“Software” means a computer program of any kind, whether owned by brightpcguru or a third party,
whether delivered via download, CD, other media, or other delivery method, including client
and/or network security software. Elements of the Software are protected under copyright,
trade secret, unfair competition, and other laws. Software includes both brightpcguru Software and
third party Software. Your use of Software is subject to the respective agreements such as a
license agreement or user agreement that accompanies or is included with the Software,
ordering documents, exhibits, and other terms and conditions that apply (“License Terms”).
Submission of Plan Orders; Service Plans
You may order Services by submitting Plan Orders through the brightpcguru Websites or by calling
brightpcguru. Once brightpcguru accepts the Plan Order submitted by you, then you will receive an email
from brightpcguru at the email address that you provide or have provided to brightpcguru as part of the
Registration Process for the Services. brightpcguru is not responsible for rendering Services in
connection with any Plan Order that it has not accepted. Upon acceptance by brightpcguru of a Plan
Order, you will have a Service Plan.
Subject to the Terms and Conditions, and other terms specific to each Service Plan, brightpcguru will
address your query using commercially reasonable efforts in providing appropriate solutions
under the Services. In most cases, brightpcguru will attempt problem diagnosis and a solution
through chat, email or other means as it deems most appropriate under the circumstances
including remote access. You understand that if remote access is used on your computer there
will be no residual software from the remote session; however, there may be a text file placed
on your computer that will explain the work that was done on your computer. If such a text file
is placed on your computer, you have the option to either save the file for future reference or to
delete it from your computer. All undertakings under Service Plans are subject to brightpcguru’s
Limited Warranty, which is set forth below. You agree to pay all Services Fee and any other
applicable fee/charges as set out in the relevant Plan Order in accordance with the Payment
Terms provided below.
Services against any Plan Order will be available once you have made payment for Services
according to the requirements of the corresponding Plan Order. brightpcguru has no obligation to
render Services under any Service Plan if the payments as required under any Plan Order have
not been made.
You understand that certain Service Plans may have fee including, but not limited to “Service
Fee” and/or “Activation Fee” payable either on an annual basis (“Annual Payment Plan”) or on a
monthly basis (“Recurring Payment Plan”). Subject to the applicable Term Plan, all payments
under the Annual Plan shall be made upfront at time of commencement of the subscription
cycle. For payments under the Recurring Payment Plan, apart from the monthly installments of
the Service Fee, payable over a one (1) year payment term, You may be charged an additional
non-refundable Activation Fee at the time of registration, as specified in the Plan Order. The fee
(including Activation Fee) will not be refunded in case of cancellation of the Service Plan unless
otherwise stated in the Plan Order. All fee under this clause or a relevant Plan Order, is payable
at the time of commencement of the Service Plan.
When you purchased the Service, you agreed to a specific price and plan, where such plan
maybe for a term of one, two or three years (“Term Plan”). All terms of Service Fee and/or any
other fee payable under any mode of payment for a Subscription shall be set forth in the
applicable Plan Order. Similarly, some plans may offer a discount on the Service if you sign up
for other brightpcguru services (“Bundle Discount”). You agree to maintain your Service and the
bundled services for the applicable term. If you signed up for a Term Plan or a Bundle Discount,
the price available with those plans is valid until one of the following occurs: (1) the Term Plan
expires; (2) you drop one of the brightpcguru services you were required to purchase to receive the
special rate as notified to brightpcguru; or (3) You terminate the agreement/Service Plan before the
expiry of the relevant term.
Credit Card Billing
You may be asked to provide us with a credit card number from a card issuer that we accept in
order to activate your Service. You hereby authorize brightpcguru to charge and/or place a hold on
your credit card with respect to any unpaid charges for Services or any related equipment. You
authorize the issuer of the credit card to pay any amounts described herein without requiring a
signed receipt, and you agree that these charges are to be accepted as authorization to the
issuer of the credit card to pay any amounts described herein without requiring a signed receipt,
and you agree that these charges are to be accepted as authorization to the issuer of the credit
card to pay all such amounts. You authorize brightpcguru and/or any other company who bills
products or services, or acts as billing agent for brightpcguru to continue to attempt to charge
and/or place holds with respect to all sums described herein, or any portion thereof, to your
credit card until such amounts are paid in full. You agree to provide brightpcguru with updated credit
card information upon brightpcguru’s request and any time the information you previously provided
is no longer valid. You acknowledge and agree that neither brightpcguru nor any brightpcguru affiliated
company will have any liability whatsoever for any non-sufficient funds or other charges
incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If
you mistakenly provide a debit card number, instead of a credit card number, you authorize all
charges described herein to be applied to such debit card unless and until you provide a credit
card number. In the event you are enrolled, or later enroll, in an automatic payment or
electronic funds transfer plan, you agree that all sums described herein may be charged, at
brightpcguru’s option, to the account number provided for such automatic payment or electronic
funds transfer plan. When payment is made by credit card or debit card, payment will also be
subject to the terms and conditions established by the credit or debit card issuer. If charges
cannot be processed through your credit card, or if your bank draft or electronic funds transfer
is returned for insufficient funds, we may, at our discretion, charge you an additional $15.00.
You acknowledge, that by authorizing brightpcguru to charge Your credit card for Your Subscription
Service, You further authorize brightpcguru to continue to charge Your credit card (or a replacement
card, if the credit issuing entity informs brightpcguru that a replacement card has been issued) for all
fees associated with a Recurring Subscription Service, including renewals. You must contact
brightpcguru if You do not wish to renew Your Recurring Subscription Service; if You do not contact
brightpcguru, the Recurring Subscription Service that You selected will automatically renew for the
same subscription duration that You initially selected, at brightpcguru’s then-applicable fees.
A subscription under the 1-year or 2-year or 3-year Annual Maintenance Plan does not
automatically renew and ends at the end of the applicable period.
For subscription based plans, a full refund will be issued if brightpcguru has not been able to resolve
even a single issue for you within the first 30 days of the subscription. If there are one or more
resolved issues, the fees for the Subscription Service will not be refundable. Notwithstanding
this brightpcguru may, at its sole discretion and on a case by case basis, agree to a refund of
Subscription fees after deducting charges for servicing the Customer.
For incident based plans, you will be eligible for refund when any of the following criterions are
? You have all the prerequisites which were required to resolve the problem
? Issue was not resolved until the time account was active.
? 30 days have not passed after the issue was last worked upon by a brightpcguru technician
incorporated here by reference (http://www.brightpcguru.org/privacypolicy.php). If you have not
any information or data disclosed or sent to brightpcguru over the telephone, electronically or
otherwise, is not confidential or proprietary to you.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Services, Materials and Software are solely for your personal and
noncommercial use in addressing matters covered by your Service Plan. You may not modify,
distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative
works from, transfer, distribute or sell any information, software, products or services obtained
from the Services, Materials, or Software. Any Services, Materials, and Software are available
only in connection with Services under a valid Service Plan.
No Unlawful or Prohibited Use
As a condition of your use of the brightpcguru Websites or any Services, you will not use the
Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms of
Use. You may not use the Services, Materials, or Software in any manner that could damage,
disable, overburden, or impair any brightpcguru server, or the network(s) connected to any brightpcguru
server, or interfere with any other party’s use and enjoyment of any of the brightpcguru Websites,
the Materials, Software or Services. You may not attempt to gain unauthorized access to any
brightpcguru Websites, the Materials, Software or Services, other accounts, computer systems or
networks connected to any brightpcguru server or to any of the brightpcguru Websites, the Materials,
Software or Services, through hacking, password mining or any other means.
You may not obtain or attempt to obtain any brightpcguru Websites, the Materials, Software or
Services or information through any means other than that specifically permitted to you under a
Fair Usage Policy; Suspension or Termination of Subscription:
Though brightpcguru has no limits on the amount of online support requests a Subscription based
plan user may make during the subscription period, however, each Subscriber’s use of the
support services for the subscription based plans are subject to brightpcguru’s “fair use” policy.
Under this policy, if at any time, in brightpcguru’s sole discretion, a subscription based plan user is
found to be abusing the service by exceeding the level of use reasonably expected from
someone using a Subscription based Plan for individual use, then brightpcguru reserves the right to
suspend or terminate Subscriber’s Subscription Services. In addition, brightpcguru reserves the right
to suspend or terminate any Subscription Services of any Subscriber that brightpcguru, in its sole
discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber,
or (c) for any computer system other than a Registered System. User may terminate the Service
at any time by giving written or electronic notice to brightpcguru; provided, however, that User will
not be entitled to a refund of any fees prepaid by User for the Service.
You may not create hyperlinks to any portion of the brightpcguru Websites, nor any Materials or
Software posted therein.
You agree to indemnify, defend, and hold brightpcguru, its subsidiaries, affiliates, officers, directors,
employees, agents, licensors, consultants, suppliers, and any third-party Web site providers
harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages,
and costs, including actual attorneys’ fees, resulting from your violation of the material terms of
infringement, or infringement by any other user of your account of any intellectual property or
other right of brightpcguru or any other third party. You will cooperate as fully as reasonably
required in brightpcguru’s defense of any claim. brightpcguru reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject to indemnification by
you and you shall not in any event settle any matter without the written consent of brightpcguru.
You agree immediately to notify brightpcguru of any unauthorized use of your account or any other
breach of security known to you.
Limited Licenses to Use the brightpcguru Websites, Materials and Software
As permitted through a Service, you may use Materials and Software posted on the brightpcguru
Websites, or made available in connection with a Plan Order which may be available for
additional purposes and or subject to additional restrictions.
General License Restrictions
Any other use of the brightpcguru Websites, Services, Materials or Software, other than as explicitly
permitted by brightpcguru is prohibited. Rights to execute, copy, modify, display, transmit,
distribute, manufacture, use, sale are all reserved to brightpcguru and its suppliers. Reverse
engineering and decompilation of the Software is strictly prohibited.
In connection with obtaining Services, you agree that you will:
? Basic Responsibilities: You agree that You are a legal license holder of the software on
Your personal computer and Your use of the Services and the internet is solely at Your
own risk. By electing to receive the Services, You confirm that You (a) have full access to
Your hardware and software that are the basis of the problem, and (b) have completed a
back-up onto separate media of any software or data on the hardware that may be
impacted by the Services. All information that You provide to brightpcguru is accurate,
including Your name and address, and if applicable, any credit or charge card numbers,
expiration dates or any other payment information provided by you to brightpcguru.
? Liability Release: To the extent permitted by applicable law, brightpcguru will have no liability
for loss of or recovery of data, programs, or loss of use of systems(s) or networks arising
out of the Services or any act or omission, including negligence, by brightpcguru and/or its
representatives. If brightpcguru works with You on any password or other access control
oriented problems, brightpcguru strongly recommends that You reset such passwords(s)
immediately following the completion of the Services.
? Transfer: The Subscription-Based-Services are only transferable once during the
subscription period from one computer to another, provided it is owned by you. You
may not use the Services in connection with a service bureau or any other distributing or
sharing arrangement, on behalf of any third parties or with respect to any hardware or
software not personally owned by You.
? Data Backup: brightpcguru does not provide data backup or restoration services. 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 services. You acknowledge and agree that brightpcguru 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 services. brightpcguru does not provide backup copies or support installation of
unlicensed software to customers. Please ensure that you have a licensed copy of all
? Cooperate with the brightpcguru Technician: We will use commercially reasonable efforts to
provide the support to you. Our experience shows that most issues can be corrected as a
result of close cooperation between you and the technician. Please listen carefully to the
technician and follow the technician’s instructions. You must confirm that the following
conditions are true:
o The situation giving rise to the question is, reproducible on a single system, i.e.,
one central processing unit with its workstations and other peripherals;
o You must have knowledge regarding the hardware system, any software
involved, and in the facts and circumstances surrounding the incident;
o The full system, including software and hardware, is available to you and
accessible by you without limit during any discussions with brightpcguru support
Availability of Services and Materials Under Force Majuere Circumstances
You hereby acknowledge that circumstances outside of brightpcguru’s reasonable control (e.g., acts
of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action,
civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the
like) may cause significant delays in brightpcguru’s ability to schedule a support session. You hereby
release brightpcguru from any and all liability, and agree that brightpcguru shall not be liable to you or
any third party for any direct or indirect damages whatsoever, resulting from such delays.
brightpcguru or its suppliers may, at any time, without notice or liability, restrict the use of the
Service or limit its time of availability in order to perform maintenance activities and to maintain
Exclusions from “Services”
“Services” shall not include the following:
? any item or activity not covered by the terms of a Plan Order;
? service beyond the duration limitations identified in your Plan Order;
? problem diagnosis and support that may not be completed because of a problem with
your computer or other equipment, or their configuration that is beyond our control;
? Software, including the operating system and software added to the registered
hardware products which are out of scope for the Service Plan;
? Problems that may and do result from:
o External causes such as accident, abuse, misuse, or problems with electrical
o Usage that is not in accordance with product instructions provided by
o Failure to follow the product instructions provided by manufacture or failure to
perform preventive maintenance; or
o Problems caused by using accessories, parts, or components not compatible with
o Non Compliance with the brightpcguru technician instructions for resolving the
o Malfunction of hardware such as printer, power-supply, memory, processor,
monitor or any other such hardware components.
Notice Specific to Materials and Software Available on the brightpcguru Websites, or Through a
For your convenience, brightpcguru may make available Materials or Software (as each term is
defined above) for use and/or download, whether as a part of a Service, or in promotion of the
Services. Use of any Materials and any Software is governed by the more stringent of (a) the
terms of the end user license agreement (“EULA”), if any, which accompanies the specific
Materials and Software, or (b) if there is no EULA, these Terms and Conditions.
The Materials and Software are made available for download solely for use by you according to
(a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in
accordance with the EULA is expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum extent possible.
No logo, graphic, sound or image from any brightpcguru Web site may be copied or retransmitted
expressly permitted by brightpcguru.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION,
REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING
SUCH MATERIAL OR SOFTWARE.
End User License Agreements (Eula) – Generally
In connection with our Service, we may provide to you, the use of certain software which is
owned by brightpcguru or its third party licensors, and suppliers. We as well as the third party
licensors reserve the right to update or change the Software from time to time and you agree to
cooperate in performing such steps as may be necessary to install any updates or upgrades to
the Software. You may use the Software only as part of, or for use with, the Service in
accordance with the Service Plan and for no other purpose.
The Software may be accompanied by a EULA from brightpcguru or a third party. Your use of the
Software is governed by the terms of that license agreement and by this Agreement, where
applicable. You may not install or use any Software that is accompanied by or includes a EULA
unless you first agree to the terms and conditions of the EULA.
Eula for brightpcguru Software
With regard to any Software made available to you by brightpcguru through the brightpcguru Websites
for which your acceptance of a separate license agreement is not required (“brightpcguru
Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by
brightpcguru to use the brightpcguru Software (and any corrections, updates and upgrades). In
accordance with and as required under the Service Plan you shall not make any copies of the
brightpcguru Software. You agree that the brightpcguru Software is the confidential and proprietary
information of brightpcguru or its third party licensors, providers or suppliers, and which you shall
not disclose to others or use except as expressly permitted herein. You may not decompile,
reverse technician, disassemble, attempt to discover any source code or underlying ideas or
algorithms of the brightpcguru Software, or otherwise reduce the brightpcguru Software to a human
readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes,
reproduce, sublicense or distribute copies of the Software, or otherwise transfer the brightpcguru
Software to any third party. You may not remove or alter any trademark, trade name, copyright
or other proprietary notices, legends, symbols, or labels appearing on or in copies of the
Software. You are not granted any title or rights of ownership in the brightpcguru Software. You
acknowledge that this license is not a sale of intellectual property and that brightpcguru or its third
party licensors, providers or suppliers continue to own all right, title and interest, including but
not limited to all copyright, patent, trademark, trade secret, and moral rights, to the brightpcguru
Software and related documentation, as well as any corrections, updates and upgrades. The
brightpcguru Software may be used only in the country of residence at the time of acceptance of
these terms for use of the brightpcguru Software. Export of the brightpcguru Software is strictly
Third Party Products
As part of the Services, brightpcguru may suggest that you acquire, install and use certain third party
software or services (“Third Party Software”). Third Party Software is licensed to you by the
respective owners or licensees of the Third Party Software. You must agree to the terms and
conditions set forth by such owners or licensees before installing Third Party Software, whether
brightpcguru assists you in the acquisition, installation, and/or use of Third Party Software. brightpcguru
has no responsibility or rights to the Third Party Software and does not license Third Party
Software to you or make any representation or warranty regarding the Third Party Software.
Your license to the brightpcguru Software shall remain in full force and effect unless and until
terminated by brightpcguru, its third party licensors, providers or suppliers, or until your Service Plan
is terminated as provided by your Plan Order and these Terms and Conditions. Upon
termination of your Service Plan for any reason, you must cease all use of the Service Plan and
the brightpcguru Software and immediately delete the brightpcguru Software from your computer.
To the extent that we provide technical assistance and support for Third Party Software or
equipment, you must ensure that you comply with the terms and conditions under which you
licensed such Third Party Software or purchased such equipment. We make no representation
or warranty that we are an authorized service provider for Third Party Software or for any
equipment; it is your sole responsibility to determine if you require additional rights for us to
provide such support and if so, to acquire such rights. You acknowledge that support of Third
Party Software or equipment by an unauthorized service provider may void any warranty made
by the supplier of such Third Party Software or equipment.
Third Party Agreements
As part of the Services, brightpcguru may suggest certain third party services to you. If you choose to
subscribe to or otherwise use any third party services, your use of any such services is subject to
the terms of service of such third party service provider. You agree to comply with such
provider’s terms of service and that the third party provider is solely responsible for delivery of
its service(s) to you and your use of them. Third party services include, but are not limited to
technical support, Websites, training, music, gaming and storage services that brightpcguru may
elect to make available from time to time. Violation of such third party provider’s terms of
service may, in brightpcguru’s sole discretion, result in the termination of your customer account and
use of service.
Limited Service Warranty
brightpcguru DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE
MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT YOU ARE NOT SATISFIED
WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A) ALLOW brightpcguru TO REPERFORM THE
SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
SOME OF THE brightpcguru SERVICE PLANS COME WITH A 7- DAY LIMITED SERVICE WARRANTY AS
PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS. THIS 7- DAY LIMITED
SERVICE WARRANTY IS SUBJECT TO FULFILLMENT OF THE TERMS FOR THE SPECIFIC SERVICE
PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT.
brightpcguru AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE
SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED
“AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. brightpcguru AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED
WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NONINFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. brightpcguru AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS
AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL brightpcguru AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA REVENUE OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES,
MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN
Limitation of Liability
Notwithstanding anything to the contrary in no event shall brightpcguru be liable to you in excess of
the amounts actually paid by you to brightpcguru under the Plan Order that is the subject of the
Limitations on Actions
Any cause of action by you must be commenced within 3 months after the cause of action arose
or it shall be forever waived and barred.
Term and Termination
brightpcguru at its sole election may terminate or suspend your Service immediately without notice
if, in the sole discretion of brightpcguru: (a) you are in breach of any of the Terms and Conditions
(including but not limited to all policies regarding abuse and acceptable use of the Service) or
any license for Third Party Software; (b) your use of the Service is prohibited by law or is
disruptive to, adversely impacts or causes a malfunction to the Service, brightpcguru’s network, or
the use and enjoyment of brightpcguru’s other users; (c) brightpcguru receives an order from a court to
terminate the Service you are availing ; (d) if brightpcguru for any reason ceases to offer the Service;
(e) if you are no longer a brightpcguru customer, or (f) brightpcguru determines that you are abusing the
Service. brightpcguru, in its sole discretion, may refuse to accept your request for the Service,
renewal or re-subscription following a termination or suspension of your use of the Service.
If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be
enforced to the maximum extent possible, and all other provisions contained in the Terms of
Service shall remain in full force and effect. brightpcguru’s failure to enforce any provision of the
Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such
The brightpcguru Websites is available internationally and may contain references to brightpcguru
products, services, and programs that are not available in a viewer’s country. These references
do not imply that brightpcguru intends to make such products, services, or programs available in
brightpcguru reserves the right to amend the Terms and Condition, and the brightpcguru Websites at any
time by (a) posting a revised version of the Terms and Conditions on the brightpcguru Websites
(http://www.brightpcguru.org/terms.pdf), or by (b) sending information regarding any amendment
to the Terms of Service to the email address you provide to brightpcguru in connection with
registration. You are responsible for regularly reviewing the brightpcguru website to be notified of
any amendments to the Terms and Conditions.
ARBITRATION AND CLASS ACTION WAIVER
The Terms will be governed by the laws of the State of Connecticut, United States of America.
The Terms are the entire agreement between You and brightpcguru relating to the Services and : (i)
supersede all prior or contemporaneous oral or written communications, proposals, and
representations with respect to its subject matter; and (ii) prevail over any conflicting or
additional terms of any quote, order, acknowledgment, or similar communications between the
parties. The Terms shall terminate immediately upon Your breach of any term contained herein
and You shall cease use of the Services. The disclaimers of warranties and damages and
limitations on liability set forth in the Terms shall survive termination. Before you take a dispute
to arbitration or to small claims court, you must first contact us by writing us and describing (a)
the nature and basis of the Claim or dispute; and (b) the specific relief sought (“Demand”) and
give us an opportunity to resolve the dispute.
Class Action Waiver
The Parties hereby expressly agree that any Claim must be brought in the respective party’s
individual capacity, and not as a plaintiff or class member in any purported class, collective,
representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly
waive any ability to maintain any Class Action in any forum. The arbitrator shall not have
authority to combine or aggregate similar claims or conduct any Class Action nor make an award
to any person or entity not a party to the arbitration. Any claim that all or part of this Class
Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a
court of competent jurisdiction and not by an arbitrator.THE PARTIES UNDERSTAND THAT THEY
WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY
DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER,
THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH
ARBITRATION. THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THIS AGREEMENT.