Terms of Use
ACCEPTANCE OF TERMS
These Terms of Use create a binding agreement. These Terms of Use apply to all: (a) transactions between you and Tropolis Group LLC doing business as (dba) We Heal Computers (“The Company”), (b) use of website located at: www.wehealcomputers.com and We Heal Computers software and services (the “Product” or “software” or "service"), (c) use of the websites located at www.wehealcomputers.com and www.tropolisgroup.com, (collectively, the "Sites"), and (d) your access to and use of calculators, resources, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto (the "Content").
YOUR ORDER OF, USE OF, AND ACCESS TO, THE PRODUCT, SITES AND CONTENT ARE SUBJECT TO ALL TERMS OF USE CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO, THE PRODUCT, SITES AND/OR CONTENT CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS OF USE SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, DO NOT ORDER, USE OR ACCESS ANY PRODUCT, SITE OR CONTENT, OR ANY OF THE INFORMATION WITHIN THE PRODUCT, SITE, OR CONTENT.
PRIVACY STATEMENT AND PERSONAL INFORMATION
The Company respects your privacy and permits you to control the treatment of your personal information. The Company may use your personal information to the extent necessary to process your order and/or engage in business maintenance. A complete statement of The Company’s current Privacy Statement can be found by clicking here. The Privacy Statement is expressly incorporated into these Terms of Use by this reference. By submitting a contact request and/or an order, you acknowledge receipt of our Privacy Statement and agree to its terms.
USE OF THE PRODUCT
In consideration of your order of, access to, and/or use of any Product, Site, and/or Content you agree to provide true, accurate, complete and current information about yourself when prompted to do so by a registration or requested to do so by The Company. By registering, you certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if The Company has reasonable grounds to suspect that such information is untrue, inaccurate or not current, The Company, at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to, any Product, Site and/or Content, and refuse all current or future orders of, use of, and/or access to, any Product, Site and/or Content, or suspend or terminate any portion thereof. Further, you agree that The Company will not be liable to you, your minor children or any third party if The Company suspends or terminates your order of, use of, or access to any Product, Sites or Content, or any portion thereof, for any reason.
SERVICE
The Company provides access to download and install a third party software hereby referred to as Advanced Management Agent on a subscription basis and for which The Company has been granted rights from the licensor for its customers. You agree that you will only install the Advanced Management Agent on the number of computers for which you have purchased a subscription plan. The Subscription Period shall commence on the date the Services are subscribed to and shall terminate after one month or the period specified in the chosen package. You agree and acknowledge that a Subscription under the Recurring Payment Plan will automatically renew at the end of the originally purchased plan’s tenure, unless notified otherwise by You ("Auto Renewal"). Your credit card, which was used in paying for the original Plan will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registration. If you would like to opt out of Auto Renewal, please call us at (800) 932-0271 or write to us at help@wehealcomputers.com. Subscriber may purchase additional subscriptions to the Services through the Sites. Any breach of this Agreement shall immediately terminate Subscriber's subscription to the Service and/or may limit Subscriber's access to the Service. No refunds shall be provided upon termination of the Agreement. Subscriber may terminate the Service at any time by giving written or electronic notice to The Company; provided, however, that Subscriber will not be entitled to a refund of any fees prepaid for the Service. Furthermore, failure to use the services within the subscription period shall not be grounds for a refund of any fees paid.
The Advanced Management Agent provides various functions related to computer management, including but not limited to antivirus program, patch management for various third party software and operating systems, monitoring and alerting of computer state, web content filtering, and automated task scripts designed to improve computer performance. The Advanced Management Agent does not include antivirus software for Mac OS X computers. You agree and understand that the web content filtering feature tracks all web sites visited in order to be able to block security threats and block categories of content and/or specific web sites as requested by yourself. You understand that while patch management for operating systems is an included feature of the Advanced Management Agent, some operating systems, such as Windows 10, do not allow third party management for patching.
The Advanced Management Agent provides document backups, available for workstations and laptops running Windows 7 or later and Macs from 10.6 Snow Leopard (64-bit). Documents are encrypted and backed up to our 3rd party data center. Backup runs twice per day, overnight (between 9pm and 6am) and during lunch (between 12pm and 2pm). If a scheduled backup is missed (i.e. the computer was powered off) it runs as soon as possible once back online. Self-service restore available from computer on which the backup occurred. Restore any file version from the last 28 days (up to 56 restore points). Files backed up include Microsoft Office programs (Word, Excel, PowerPoint, Publisher, Access, Visio), Apple Pages, Apple Numbers, Apple Keynote, QuickBooks Backup Files (.QBB), PDFs, specifically the following file types: .DOC, .DOT. .WBK, .DOCB, .DOCM, .DOCX, .DOTX, .ODT, .PAGES, .PSW, .RTF, .SDW., .STW, .SXW, .TXT, .UOF, .UOT, .VOR, .WPD, .WPS, .CSV, .ODC, .ODF, .ONE, .PLIST, .PST, .SLK, .XML, .ODG, .PDF, .PUB, .XPS, .POT, .PPS, .PPT, .POTM, .POTX, .PPAM, .PPSM, .PPSX, .PPTM, .PPTX, .SLDM, .SLDX, .KEY, .ODP, .OTP, .SDD, .STI, .SXI, .UOP, .XLM, .XLS, .XLT, .XLSM, .XLSX, .XLTM, .XLTX, .XLA, .XLAM, .XLSB, .XLL, .XLW, .DIF, .NUMBERS, .ODS, .PXL, .SDC, .STC, .SXC, .UOS, .XLR, .ACCDB, .ACCDE, .ACCDR, .ACCDT, .MDB, .DBF, .PDB, .VDX, .VSD, .VDSM, .VSDX, .VSL, .VSS, .VSSX, .VST, .VSTM, .VSTX, .VSW, .VSX, .VTX, .OTG, .SDA, .STD, .SXD, .BDOC, .QBB, .OTH.
The Company also provides per incident computer Help Desk support, via email, electronic ticketing system and phone, including but limited to general computer maintenance and troubleshooting, computer virus identification and removal, computer optimization and cleaning, computer tune-up, email account setup, software installation and uninstallation, and printer setup and support services. The scope of the services is subject to change without notice, and The Company may discontinue or modify the Service in its sole discretion. You agree that charges for per incident Help Desk support will be charged to the same credit card as used to register Subscriber’s recurring plan and at completion of the per incident support. Per incident Help Desk support is provided on a best effort basis, a maximum of 30 minutes support provided per incident, without guaranty or warranty. You agree to pay for each incident regardless of the number of minutes of support actually received at the then published rates for per incident support on the Sites.
The Company also provides other custom services that can purchased through the sites, either one-time services or subscriptions, for example cloud backup services. All such services are provided on a best effort basis, without guaranty or warranty.
LICENSE GRANT AND RESTRICTIONS
The Company grants you the following rights provided that you comply with all of the Terms of Use herein. You may use the software solely to obtain information about The Company as provided in the content and request contact from The Company. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data are deemed to be licensed to you by The Company, for your personal, noncommercial, home use only. The Company does not transfer either the title or the intellectual property rights to the software, and The Company retains full and complete title to the software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the software to a human-perceivable form. All trademarks and logos are owned by The Company or its licensors and you may not copy or use them in any manner.
You are not licensed or permitted under this agreement to do any of the following: (i) attempt to access any other systems of The Company, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in anyway the material from the Sites; (iii) work around any technical limitations in the software, use any tool to enable features or functionalities that are otherwise disabled in the software, or decompile, disassemble, or otherwise reverse engineer the software except as otherwise permitted by applicable law, (iv) use the software for any commercial purpose (v) perform or attempt to perform any actions that would interfere with the proper working of the software, prevent access to or the use of the software by The Company’s other licensees or customers, or impose an unreasonable or disproportionately large load on The Company’s infrastructure; or (vi) otherwise use the Software except as expressly allowed by a separate license agreement.
INDEMNITY
You agree to indemnify The Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless The Company, its affiliates, officers, directors, employees, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Sites, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any Intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. You must indemnify and defend The Company against any claims or lawsuits, including attorneys’ fees that arise from or result from the use of the software on a professional or commercial basis.
USER CONTENT
You grant The Company a license to use the materials you post to the Sites. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the Sites, you are granting The Company , its affiliates, officers, directors, employees, agents, and representatives a license to use User Content in connection with the operation of the Internet business of The Company , its affiliates, officers, directors, employees, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that The Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
HELP AND SUPPORT
The Company may use a variety of methods (e.g., in-product, Internet, e-mail, chat, fax and phone) to provide technical support and customer service in connection with the software and The Company services. The Terms of Use governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by The Company from time to time.
THIRD PARTY WEBSITES
The software and services may contain or reference links to websites operated by third parties (“Third Party Websites”). These links are provided as a convenience only. Such Third Party Websites are not under the control of The Company. The Company is not responsible for the content of any Third Party Website or any link contained in a Third Party Website. The Company does not review, approve, monitor endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the software or services is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by The Company of any information contained in any Third Party Website. In no event will The Company be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from those of The Company. The Company is not responsible for such provisions, and expressly disclaims any liability for them.
PAYMENT & COLLECTION
In the event you owe The Company any amounts related to your licensing of the product and/or services rendered, The Company reserves the right to seek collection of any amount unpaid.
USER ID AND PASSWORD SECURITY
When you use or access the Sites or Products, you may also be asked to provide a user name and password. You are the only person authorized to use your user ID and password. You are entirely responsible for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password, except if you choose to provide that information to The Company’s authorized technical support personnel to assist you. You are responsible for the use of the Product under your user ID. You agree to notify The Company immediately on any unauthorized use of your account, user name, or password. The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by The Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password. The Company will not disclose your password if you lose or forget it. You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer.
ARBITRATION
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU (OR ANY OF YOUR MINOR CHILDREN) AND THE COMPANY, AND ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE SUBMITTED FIRST TO VOLUNTARY MEDIATION, AND IF MEDIATION IS NOT SUCCESSFUL, THEN TO BINDING ARBITRATION AT A LOCATION DETERMINED BY THE ARBITRATOR. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. THE PARTIES SHALL SPLIT THE FEE FOR MEDIATION AND/OR ARBITRATION. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF.
MODIFICATION OF PRODUCT
The Company may, at its discretion, modify or discontinue any of the Product, Services, Sites or Content, or any portion thereof, with or without notice. You agree that The Company will not be liable to you, your minor children or any third party for any modification or discontinuance of any of the Product, Services, Sites or Content.
NOTICE OF PROSECUTION
For online customers, access to and use of password protected and/or secure areas of the Sites are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Sites may be subject to prosecution.
ON-LINE REQUIREMENTS
You must have an email address and an Internet browser to receive your Product or Service online. As an online customer, you agree that The Company may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our Sites. You Consent to receive these Communications electronically. The term “Communications” means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Product, Services or Sites. To ensure receipt of all notifications, you are obligated to update the email address on file when your email address changes.
NO WARRANTY BY THE COMPANY
You expressly understand and agree that your use of the Product, Services, Sites and Content is at your sole risk. All Product, Services, Sites and Content are provided on an "as is" or "as available" basis. The Company and its suppliers expressly disclaim all warranties, guarantees and conditions of any kind whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title or noninfringement. The information contained in the Product, Services, Sites, Content or other materials you may receive from The Company does not constitute legal, tax, accounting or other professional advice. The Company makes no warranty that (i) the Product and Content are accurate, timely, uninterrupted or error-free; and (ii) any results that may be obtained from the use of the product or content will be reliable.
LIMITATION OF LIABILITY
You understand and agree that The Company will not be liable to you (or any of your minor children) for any direct, indirect, incidental, special, consequential or exemplary damages resulting from or in any way connected to your access to, use, or inability to use the product, services, sites, content or membership benefits, or from your access to, use of, inability to use, or reliance upon any linked web site (if applicable), even if The Company has been advised of the possibility of those damages. Some jurisdictions either do not allow or place restrictions upon the exclusion or limitation of damages in certain types of agreements; for these jurisdictions, the aforementioned limitation on liability shall be to the maximum degree permitted by applicable law. If, notwithstanding the above, liability is imposed upon The Company, then you agree that The Company's total liability to you (and any of your minor children) for any or all of your losses or injuries (or those of your minor children) from The Company's acts or omissions, regardless of the nature of the legal or equitable claim, shall not exceed the amount paid by you to The Company for the product(s) and service(s) you purchase from The Company.
TRADEMARKS
You acknowledge and agree that The Company and the Sites’ names, logos, page headers and other terms, phrases, graphics, and icons are common law or registered trademarks, service marks, and/or trade dress of The Company (collectively "Marks"). You agree you will not use any such Content or Marks for any purpose without the appropriate prior written authorization. The Company’s Marks may not be used in connection with any product or service that is not The Company's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits The Company. All other trademarks, product names, or logos not owned by The Company that appear on the sites are the property of their respective owners.
COPYRIGHTS
The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Product. All Content included on the Sites, such as text, graphics, logos, button items, icons, images, data compilation, is the property of The Company or its suppliers and is protected by United States and international copyrights laws. All software used on this site is the property of The Company or its software suppliers and is protected by United States and international copyright laws Reproduction of such content, in whole or in part, is prohibited without prior consent. The Company has adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of The Company or of a third party, or otherwise violated any Intellectual property laws or regulations. The Company's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want The Company to delete, edit, or disable the material in question, you must provide The Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and Information reasonably sufficient to permit The Company to locate the material; (d) information reasonably sufficient to permit The Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, Its agent, or the law; and (f) a statement that the Information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that Is allegedly infringed. For this notification to be effective, you must provide it to The Company's designated agent at: (800) 932-0271.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site or using the Product, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Product and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
INAPPROPRIATE CONTENT
You shall not make the following types of content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. The Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Product, and, if applicable, to delete any such material from its servers.
REFUND POLICY
Products and services provided by The Company are non-refundable. Once software access has been purchased online or service has been provided it is presumed to have been used and refunds will not be provided. Your satisfaction is our primary goal so please direct any questions prior to purchasing to help@wehealcomputers.com. Your billing statement will show a charge from Tropolis Group LLC for the product or service. The Company corporate address is 3857 Birch St Ste 265, Newport Beach, CA 92660. The toll-free phone number is (800) 932-0271.
CALIFORNIA USE ONLY
The Sites are controlled and operated by The Company from its offices in the State of California. Your use of or access to the Sites should not be construed as The Company's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
GOVERNING LAW
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in California in all disputes arising out of or related to the use of the Products, Services or Sites.
SEVERABILITY; WAIVER
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other Terms of Use will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
ENTIRE AGREEMENT
These Terms of Use, the Privacy Statement, and other policies The Company may post constitute the entire agreement between The Company and you in connection with your use of the Sites (if applicable), the Products, the Services and the Content, and supersede any prior versions of the Terms of Use, if applicable. In the event of a conflict between any other notice, policy, disclaimer or other term contained in the Sites or otherwise, these Terms of Use will control. The section headings are for convenience only and do not have any force or effect.
MODIFICATIONS
You agree to abide by these Terms of Use, as they may be amended by The Company from time to time in its sole discretion. The Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Products and/or the Services; and (c) discontinue the Site and/or Products and/or Services at any time. The Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. Customers should check the Sites regularly for updates to these Terms of Use. Each time you order, access or use any of the Products, Services, Sites, and/or Content, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Terms of Use. The Terms of Use are effective until terminated by The Company. In the event of termination, the Intellectual Property, Indemnity, and Limitations of Liability provisions set forth in these Terms of Use will survive.