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K-Force Technical Response Team Terms and Conditions

The following Terms and Conditions ("Terms") constitute the contract between you and Kingdom Telephone detailing your rights and obligations regarding your access to and use of Kingdom Telephone's Home and Business Services ("Service"), as more fully described below. These Terms govern the use of the Service, whether Kingdom Telephone provides the Service through a telephone agent, through an or through the Kingdom Telephone Premium Support website ("Site"). By using the Service, you agree to these Terms.

Updates

At the discretion of Kingdom Telephone, these Terms may be amended or updated from time to time, without prior notice to you. Kingdom Telephone reserves the right to make any such updates by posting the revised Terms on the Site. You can review the most recent version of these Terms at any time on the Site and it is your responsibility to routinely review these Terms. Your continued use of the Service following any change in Terms constitutes your acceptance of those changes.

Description of Service - Scope of Support

The goal of Kingdom Telephone is to assist you with your technology service needs. The Services include assistance in the areas of troubleshooting, installation, configuration and set up of your computer, OSS, common software, and other peripherals such as your printer, scanner, and home-networking equipment. Our technicians will attempt to assist you with issues that come up that are difficult to diagnose across the boundaries of hardware and software. The Services are available to residential and small business customers. You cannot resell our Service to others or make assistance available outside your family members in the same household. Because of the complexity of issues our customers might face, our Service is a "best efforts" service. If your problem should prove more difficult than we can reasonably resolve, we reserve the right, at our discretion, to end further efforts to resolve the problem and to provide you a refund in lieu of complete resolution of the problem. Because the Service is only available on a "per incident" basis (unless prepaid service applies), any refund will be limited to the Per-Incident Service Fee you paid. We reserve the right to refuse to troubleshoot software not in our list of supported products. Technical problems that may arise may be the result of software or hardware errors not yet resolved by the hardware or software manufacturer. Kingdom Telephone has limited proprietary information from vendors, manufacturers and developers and may not have the ability to obtain the proprietary information that may be necessary to resolve a specific technical problem. In all situations, our technical staff will encourage the best practice of backing up information as a valued piece of our service offering. We may, but are not required to, decline to proceed with problem resolution if we feel that adequate back-up steps are not being taken by you. Since our advice to you may include steps that you will need to take before the problem can be resolved such as buying cables or cords, acquiring software, etc., we will keep your ticket open so that it can be referenced again when you are ready to go the next step. If you cannot pursue the course of action we recommend, we will consider the ticket closed. The Service is an incident-specific computer troubleshooting and problem resolution service. If you have fundamental training needs on software packages (i.e. how to build a spreadsheet in Excel, how to type a letter in Word), we will recommend you pursue alternative solutions. We do not assist with computer programming or development support. Moreover, this is not a hardware or software warranty service. You will need to contact the product vendor for warranty-related services. Kingdom Telephone reserves the right to reduce or expand the scope of support offered by the Service without prior notice to you. No Entitlements: You understand and agree that subscription to the Service does not include free upgrades of existing software, operating systems, or applications. Further, use of this Service does not constitute a license to use software, applications or equipment that we are troubleshooting. Kingdom Telephone does not provide any such upgrades or licenses through this Service. Those licenses and upgrades are solely your responsibility and you must acquire them from the appropriate sources.

Supported Products:

Prices for the service and the different subscription and promotional offers are explained to you at the time of purchase. All charges must be authorized by you in advance and will be billed to a major credit card at the time the Service is requested. You agree to pay all fees and charges specified when you ordered your Service, including any recurring and nonrecurring charges, taxes, fees and assessments applicable to the Service and the associated equipment (including but not limited to applicable installation and termination charges, if any). If you terminate prior to the end of your term, a pro-rated refund will be applied. An adjustment will be made for any support you received during the prepaid service period using incidental support rates, not to exceed the total prepaid service amount you paid. Kingdom Telephone may, upon notice required by applicable laws, at any time change the amount of or basis for determining any fee or charge or institute new fees or charges for the Service. All fees and charges are payable in accordance with billing terms in effect at the time the fee or charge becomes payable. Unless otherwise stated, all amounts are in U.S. Dollars. Once a ticket on the particular issue called in about has been closed by Kingdom Telephone, any further calls or requests for assistance will be opened as a new ticket and an additional fee (described above) must be paid. Notwithstanding the foregoing, Kingdom Telephone agrees to assist you with the same issue, should the same problem occur again, for the remainder of the day the call was received and the following 5 calendar days (within hours of operation) without you incurring any additional charges.

Representations by Customer

You represent that you are a legal license holder of the software on your machine. We will not assist you if you are not the legal license holder. You further represent that you are the owner of any hardware or network devices you request Kingdom Telephone to assist you with. If you are an individual, you must be an adult of at least 18 years of age to subscribe to the Service and by requesting the Service, you confirm you are an adult of at least 18 years of age. If you are a business entity, you confirm (through your duly authorized representative) that you are a corporation, partnership or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept these Terms. You are also confirming that these Terms constitute a valid and binding obligation of yours. All information that you provide to Kingdom Telephone must be accurate, including your name, address, credit or charge card numbers, expiration dates or any other Service payment information required by Kingdom Telephone. You further represent that you are authorized to bill the charges to the credit card you provide Kingdom Telephone.

Access

The Kingdom Telephone K-Force Technical Response Team must have 1) access to your residence or business and the computer(s) and/or peripheral(s) to be serviced, 2) your consent and cooperation to enter your residence or business, 3) a safe working environment, work space, and 4) electrical power. If the K-Force Technical Response Team determines that these conditions have not been met, services will be denied and a $129 cancellation charge assessed.

Privacy

This Service will be subject to Kingdom Telephone privacy policies. If we work with you on any password or other access control oriented problems, we strongly recommend that you reset such passwords(s) immediately following the completion of the Service.

Disclaimer of Warranties

YOUR USE OF THE SERVICE, THIS SITE AND THE INFORMATION ON THIS SITE IS AT YOUR OWN RISK. KINGDOM TELEPHONE MAKES NO WARRANTY THAT (i) THE SERVICE AND/OR SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE AND/OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE AND/OR SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE AND/OR SITE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SERVICE AND/OR SITE WILL BE CORRECTED. KINGDOM TELEPHONE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SERVICES, THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, KINGDOM TELEPHONE IS NOT RESPONSIBLE FOR THOSE COSTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KINGDOM TELEPHONE OR THROUGH OR FROM THE SERVICE AND/OR SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. EXCEPT AS MAY BE OTHERWISE SPECIFICALLY PROVIDED IN THESE TERMS, THE SERVICES, THE SITE, THE CONTENTS THEREIN, AND ANY MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KINGDOM TELEPHONE AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AS WELL AS ANY KINGDOM TELEPHONE PARENT, AFFILIATE OR SUBSIDIARY COMPANY, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, GOODWILL OR OTHER TANGIBLE INTANGIBLE LOSSES (EVEN IF KINGDOM TELEPHONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)ARISING OUT OF (A) THE USE OF THE SERVICES, (B) THE CONTENT ON THE SITE, (C) WEB SITES LINKED TO THIS SITE AND THE CONTENT, GOODS AND/OR SERVICES PROVIDED THEREIN (D) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION WITHIN OR CONTENT OF, THE SITE OR OTHERWISE PROVIDED IN CONNECTION WITH THE SERVICES, AND/OR (E) THE INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO THE SITE AND CONTENT CONTAINED THEREIN (INCLUDING, BUT NOT NECESSARILY LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA), WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KINGDOM TELEPHONE'S TOTAL LIABILITY ARISING OUT OF THE SERVICES, OR FROM KINGDOM TELEPHONE'S NEGLIGENCE OR OTHER ACTS OR OMISSIONS, IF ANY, SHALL BE, AT KINGDOM TELEPHONE'S SOLE DISCRETION AND OPTION, TO (a) REPERFORM THE SERVICES, OR (b) REFUND THE CHARGES AND FEES PAID FOR THE SERVICE GIVING RISE TO CLAIM, IF ANY. THE REMEDIES FOR A FAILURE OR BREACH OF SUCH LIMITED WARRANTY ARE EXCLUSIVE AND YOU AGREE THAT UNDER NO CIRCUMSTANCE WILL KINGDOM TELEPHONE BE LIABLE TO YOU FOR ANY MORE THAN WHAT YOU PAID FOR THE SERVICE.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Indemnification

You agree to indemnify, hold harmless and release Kingdom Telephone, its parent, affiliate and subsidiary companies and their directors, officers, employees and agents, from and against any and all liabilities, claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to your use of the Service and/or the Site.

Choice of Law; Jurisdiction

These Terms and the relationship between you and Kingdom Telephone will be governed by the laws of the State of Missouri, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Callaway County, Missouri. You further agree that any dispute arising from your use of the Service must be brought exclusively with the courts of Callaway County, Missouri.

General Information

These Terms, and any other policies or guidelines referenced herein, constitute the entire agreement between KINGDOM TELEPHONE and you in connection with the Service. These Terms govern your use of the Service, superseding any prior agreements between you and KINGDOM TELEPHONE with respect to the subject matter of these Terms. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of KINGDOM TELEPHONE to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If you violate these Terms, KINGDOM TELEPHONE may in its sole discretion terminate or suspend your access and use of the Services immediately without notice. You agree that KINGDOM TELEPHONE shall not be liable to you or any third party for any termination of your access to the Service.

Trademark Information

Subsidiaries and affiliates of Kingdom Telephone Company provide products and services under the Kingdom Telephone. All rights reserved.
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