PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THE COMPUTER SUPPORT 123 LLC REMOTE PC SUPPORT SERVICES (THE “SERVICES”). THESE TERMS OF SERVICE GOVERN YOUR ACCESS TO AND USE OF THE SERVICE. THE SERVICE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF SERVICE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, DO NOT ACCESS OR USE THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF SERVICE.
1. GENERAL
These Terms of Service (the “Agreement”) are entered into by and between you, the customer (personally and/or on behalf of your employer, as applicable) (“you,” “your” or “Subscriber”) and Computer Support 123 LLC (“us” or “we”). You are deemed to have accepted this Agreement upon the earlier of: (a) your submission of an online or telephone request for service; (b) you accepting the Terms of Service electronically during registration or in the course of initiating a support session whether online, by telephone or on-site; or (c) your use of the Service (see Paragraph 2).
This Agreement is made up of the terms below, plus the Privacy Policy, all attachments to this Agreement, and the other policies and materials specifically referred to in this Agreement, all of which are incorporated herein by reference. The Agreement and related policies are also set forth on the Computer Support 123 LLC website (www.computersupport123.com) (“Website”). The Agreement sets forth the terms and conditions under which you agree to use the Service, and which Calibre Computer Solutions, LLC agrees to provide the Service to you. You may also receive a paper copy of this Agreement either by telephoning us at (858) 207-6390 or by writing to us at Computer Support 123 LLC, 101 N. Acacia Ave, Suite 13, Solana Beach, CA 92075, ATTN: Remote PC Support.
2. DEFINITION OF SERVICE
For purposes of this Agreement, the term “Service” shall mean the Computer Support 123 LLC remote computer service through which Computer Support 123 LLC renders technical assistance and existing program modification to you via an Internet connection, including all technical support, usenet newsgroups, e-mail and other features, products and services provided by Computer Support 123 LLC under the service option that you have selected. The Service may be referred to as “Remote Computer Support,” “Virtual On-Site Computer Support Service,” “Remote Support,” “Online Computer Support,” “Small Business Helpdesk,” and “Remote Connection Computer Help.”
3. AUTHORIZED USER, USE, AND RESPONSIBILITIES
3.1 You represent that: (i) you are 18 years of age or older and you have the legal capacity and authority to bind yourself and your employer, as applicable, to this Agreement; (ii) you consent on behalf of yourself and/or as an authorized representative of your employer, as applicable, to be bound by this Agreement; and (iii) the information you supply to us is correct and complete. You understand that Computer Support 123 LLC relies on the information you supply and that providing false or incorrect information may result in Service withholding or delays or suspension or termination of your client account. You agree to promptly notify Computer Support 123 LLC whenever your personal or billing information changes (including, for example, your name, address, telephone number, credit card number and expiration date).
3.2 You agree that you are responsible for all use on your account, including any secondary accounts or sub-accounts registered to your primary account. You understand this means that you accept full liability and responsibility for the actions of anyone who uses the Service via your account or any secondary accounts, with or without your permission.
4. PRIVACY POLICY
Your privacy is important to us. We will treat your personal information in accordance with our current Privacy Policy, subject to change from time to time. You agree to the terms of the Privacy Policy, which describes Computer Support 123 LLC’s use and disclosure of information about you, your account and your use of the Service.
5. AVAILABILTY OF SERVICE
5.1 The Service may not be available at all times, and may not be available in the format generally marketed, and some personal computers may not be able to receive the Service even if initial testing showed that your connection was qualified or your computer environment was suitable. For Remote Computer Support, we will rely upon your representation as to the connection speed. The Service best performs and will only be available to clients with a broadband (non-dialup) account. It is your responsibility to ensure that you have adequate connectivity to the Internet. All Services are provided on an AS-IS basis. Line rate, access and availability of Service are not guaranteed.
5.2 Computer Support 123 LLC 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 session control.
5.3 If you request the Service, Computer Support 123 LLC will use commercially reasonable efforts to schedule a mutually convenient service session within a reasonable period of time of receiving your request for service. However, you hereby acknowledge that circumstances outside of Computer Support 123 LLC’s control (e.g. computer virus, Internet interruption, or equipment failure) may cause significant delays in Computer Support 123 LLC’s ability to schedule a service session. You hereby release Computer Support 123 LLC from any and all liability, and agree that we shall not be liable to you or any third party for any direct or indirect damages resulting from such delays.
6. SOFTWARE LICENSES AND THIRD PARTY SERVICES
6.1 In connection with our Service, we may provide to you, via download or other delivery method, the use of certain software which is owned by Computer Support 123 LLC or its third party licensors, providers and supplies, which may be provided free or for a fee, including client and/or network security software (“Software”). We 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 and for no other purpose.
6.2 The Software may be accompanied by an end user license agreement from Computer Support 123 LLC 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 an end user license agreement unless you first agree to the terms and conditions of the end user license agreement.
6.3 With regard to any Software for which your acceptance of a separate license agreement is not required (“Computer Support 123 LLC Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by Computer Support 123 LLC to use the Computer Support 123 LLC Software (and any corrections, updates and upgrades). You may not make any copies of the Computer Support 123 LLC software. You agree that the Computer Support 123 LLC Software is the confidential information of Computer Support 123 LLC or its third party licensors, providers or suppliers, which you shall not disclose to others or use except as expressly permitted herein. The Computer Support 123 LLC Software contains copyrighted material, trade secrets, patents, and proprietary information owned by Computer Support 123 LLC or its third party licensors, providers, or suppliers. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Computer Support 123 LLC Software, or otherwise reduce the Computer Support 123 LLC 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 Computer Support 123 LLC 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 Computer Support 123 LLC Software. You acknowledge that this license is not a sale of intellectual property and that Computer Support 123 LLC 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 Computer Support 123 LLC Software and related documentation, as well as any corrections, updates and upgrades. The Software may be used in the United States only, and any export of the Computer Support 123 LLC Software is strictly prohibited.
6.4 Third Party Software: As part of the Services, Computer Support 123 LLC may suggest that you acquire, install and use certain third party software (“TPS”). TPS is licensed to you by the respective owners or licensees of the TPS. You must agree to the terms and conditions set forth by such owners or licensees before installing TPS, whether Computer Support 123 LLC assists you in the acquisition, installation, and/or use of TPS. Computer Support 123 LLC has no rights to the TPS and does not license TPS to you or make any representation or warranty regarding the TPS.
6.5 Other Third Party Agreements: As part of the Services, Computer Support 123 LLC 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 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, portal, training, music, gaming and storage services that Computer Support 123 LLC may elect to make available from time to time. Violation of such third party provider’s terms of service may, in Computer Support 123 LLC’s sole discretion, result in the termination of your customer account and use of service.
7. TERM AND TERMINATION
7.1 Effective Date and Term. This Agreement goes into effect upon your acceptance of this Agreement as set forth in Paragraph 1 and shall continue, subject to the terms of this Paragraph, until terminated by either party as permitted by this Agreement. Billing will apply on an ‘as used’ basis.
7.2 Termination of Service. As a pay-as-you-go customer, this Agreement can be terminated at will by either you or Computer Support 123 LLC by closing the remote connection.
7.2.1 Termination and/or Suspension by Computer Support 123 LLC If, in the sole discretion of Computer Support 123 LLC: (a) you are in breach of any of the terms of this Agreement (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for TPS; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Computer Support 123 LLC’s network, or the use and enjoyment of other users; (c) Computer Support 123 LLC receives an order from a court to terminate your Service; (d) if Computer Support 123 LLC for any reason ceases to offer the Service; (e) if you are no longer a Computer Support 123 LLC customer, or (f) Computer Support 123 LLC determines that you are abusing the Service or using the Service excessively then, Computer Support 123 LLC at its sole election may terminate or suspend your Service immediately without notice.
7.2.2 Terminated Account. Computer Support 123 LLC, in its sole discretion, may refuse to accept your request for service following a termination or suspension of your use of the Service.
8. PRICING AND PAYMENT
8.1 Pricing and Fees. Computer Support 123 LLC fees and charges for the Service(s) you select are supplied to you during the ordering process and are available on the Computer Support 123 LLC website. You agree to pay the charges applicable to your selected Service plan, as well as any applicable taxes and other charges, including but not limited to activation fees, minimum service fees, no-show fees, fail to cancel fees, termination fees, other non-recurring charges and set-up fees. You also agree to pay any additional charges or fees applied to your billing account for any reason, including but not limited to, interest, and charges due to insufficient credit or insufficient funds. Set-up fees, activation fees, installation fees and other non-recurring fees, if applicable, will be included in your first bill. Pay-as-you-go charges will be charged to your credit card in advance of receiving the service.
8.2 Discontinuation of Service for Non-Payment. Service to you may be denied or discontinued without notice at any time if the placement of Service charges on your credit card is unsuccessful, or your credit card provider denies or discontinues providing credit to you for any reason, or you fail to make payment when due or provide us with a new credit card expiration date before the existing one expires.
8.3 Late Fees. Computer Support 123 LLC may charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. The late fee will be $5.00 per month. In the event Computer Support 123 LLC utilizes a collection agency or resorts to legal action to recover monies due, you agree to reimburse us for all expenses incurred to recover such monies, including attorneys’ fees.
.8.4 Local Telephone, Toll and Long Distance Charges. Whether you are accessing the Service from your home or away from your home, you are responsible for all telephone charges.
8.5 Missed Appointments. If we confirm an in-shop or on-site appointment that you requested via telephone, e-mail, or online, and you miss your appointment without contacting Computer Support 123 LLC a minimum of two (2) hours prior to your appointment to cancel or otherwise reschedule your appointment, you agree to pay a missed appointment fee of $25.00.
8.6 Unable to Create Online Connection. Computer Support 123 LLC will not charge you for On-Demand billable services if Computer Support 123 LLC cannot connect with your computer to provide remote computer support.
8.7 The waiver of any fees or charges lies solely at the discretion of Computer Support 123 LLC.
8.8 Computer Support 123 LLC reserves the right to charge service fees to your credit card up to eight (8) weeks after the conclusion of service.
8.9 This is a Service Agreement. As such, you agree that our services cannot be reclaimed once they are rendered. Therefore, you agree not to dispute any Computer Support 123 LLC charges applied to your credit card for services rendered, or cause a charge-back of your credit card to occur after services have been rendered. Furthermore, you agree to pay all fees incurred by Computer Support 123 LLC, with legal interest, as a result of any disputes and/or charge-backs you cause.
9. LIMITATIONS ON USE OF THE SERVICE
9.1 You agree that your use of the Service and the Internet, without limitation, is your sole responsibility, is solely at your own risk, and you will comply with all applicable local, state, national and international laws and regulations.
9.2 You agree that the Internet is not owned, operated or managed by, or in any way affiliated with Computer Support 123 LLC and we are not responsible and have no control over the information, content or other materials, some of which may be offensive, malicious or destructive in nature, which may be accessed through use of the Service. You further agree that Computer Support 123 LLC does not own or control all of the various facilities and communications lines through which Service may be provided, nor does Computer Support 123 LLC guarantee access to or through Websites, servers or other facilities on the Internet, whether or not such facilities are owned or controlled by Computer Support 123 LLC.
9.3 You agree that Computer Support 123 LLC cannot and does not guarantee or warrant that data available for downloading through the Service will be free of defects, infection or viruses, worms, Trojan horses or other code that manifest contaminating, malicious or destructive properties. You are responsible for implementing adequate procedures to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the Service for the reconstruction of any lost data.
9.4 You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use, or corrupt the information you transmit or receive over the Internet. Computer Support 123 LLC is not responsible for invalid destinations, transmission errors, or corruption or security of your data.
9.5 You are not authorized to use any Computer Support 123 LLC name or mark (including “Computer Support 123 LLC,” or “CS123”) as a hypertext link to any Computer Support 123 LLC website or in any advertising, publicity or in any other commercial manner without the prior written consent of Computer Support 123 LLC. You understand that your ability to link to a web site through the Service does not, in any way, represent or imply our approval of, or our determination of the quality of that product or service, and that links are provided for your convenience only. The links provided through the Service are maintained by their respective organizations, which are solely responsible for their content. Computer Support 123 LLC Affiliates may use the Computer Support 123 LLC name and link to the Computer Support 123 LLC website solely in accordance with the terms and conditions of the Computer Support 123 LLC Affiliate Program.
10. WARRANTIES AND LIMITATION OF LIABILITY
10.1 YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY CALIBRE COMPUTER SOLUTIONS, LLC (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT OR SOFTWARE), CALIBRE COMPUTER SOLUTIONS, LLC (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, STAFF AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GLOBAL SERVICE PROVIDERS (GSPS), DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY COMPUTER SUPPORT 123 LLC OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF THE SERVICE IS AT YOUR OWN RISK AND IS NOT WARRANTED.
10.2 COMPUTER SUPPORT 123 LLC DOES NOT WARRANT THAT THE SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. COMPUTER SUPPORT 123 LLC SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. COMPUTER SUPPORT 123 LLC MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE OR THIS INTERNET. COMPUTER SUPPORT 123 LLC MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND THE INTERNET GENERALLY. DO NOT USE THE SERVICE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.
10.3 IN NO EVENT SHALL COMPUTER SUPPORT 123 LLC (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, STAFF OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, INCLUDING GSPS, BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF COMPUTER SUPPORT 123 LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
10.4 ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS PARAGRAPH ALSO APPLY TO COMPUTER SUPPORT 123 LLC’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GSPS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
10.5 ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH COMPUTER SUPPORT 123 LLC (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, STAFF AND AFFILIATES), COMPUTER SUPPORT 123 LLC’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GSPS, ARE COLLECTIVELY RESPONSIBLE.
10.6 THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW OR LIMIT THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, OUR EXCLUSIONS OR LIMITATIONS APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
10.7 COMPUTER SUPPORT 123 LLC RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE).
11. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Computer Support 123 LLC from and against all liabilities, costs and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, Software, or the Internet.
12. NOTICES
12.1 Notices required under this Agreement by you shall be provided to the Computer Support 123 LLC Customer Service Department. Notices by Computer Support 123 LLC to you shall be deemed given: (a) when sent to your registered e-mail address, or (b) when deposited in the United States mail addressed to you at your last-known address or (c) when hand delivered to your home, as applicable. Notice of changes to this Agreement and these Terms of Service will be deemed given upon posting to the pages on the website.
12.2 With regard to electronic communications, you and Computer Support 123 LLC further agree that: (a) the User ID and/or alias of a sender, contained in an electronic communication (“email”), is legally sufficient to verify the sender’s identity and the authenticity of the communication; (b) an email sent containing your User ID and/or alias establishes you as its originator and has the same effect as a document with your written signature on it; and (c) an email or any computer printout of it, is a valid proof of the validity of the original content of the electronic communication.
13. GENERAL PROVISIONS
13.1 All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including by way of illustration and not limitation, those clauses relating to Software Licenses, Warranties and Limitation of Liability, and Indemnification, shall survive such termination, cancellation or expiration.
13.2 Computer Support 123 LLC will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.
13.3 You agree not to assign or otherwise transfer this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. We may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.
13.4 You and Computer Support 123 LLC agree that the laws of the State of California, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND COMPUTER SUPPORT 123 LLC CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN SAN DIEGO COUNTY, CALIFORNIA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including California laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred with prejudice.
13.5 In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. We reserve the right to modify the Service to reflect any change in any applicable tariff or underlying network service or component affecting the Service.
13.6 Computer Support 123 LLC’s failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
13.7 This Agreement, including all Attachments and all other policies posted on this website, which are fully incorporated into this Agreement either by attachment or reference, constitutes the entire Agreement between you and Computer Support 123 LLC with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.