Pearl Computer

Terms and Conditions by Pearl Computer and 3amLabs

TechGuard is a Pearl Computer plan that uses LogmeIn Pro and IT Reach software designed by 3amLabs.

IMPORTANT - PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. The LogMeIn service (the "Service") is owned and operated by 3am Labs, Inc. ("3am Labs"), and is provided to you ("You") under the 3am Labs' terms and conditions ("Terms"). BY PROVIDING YOUR E-MAIL AND PASSWORD (THE AUTHENTICATION PROCESS), YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SECTIONS SET FORTH BELOW. If you do not agree to these Terms you may not use the Service. 3am Labs reserve the right, at its sole discretion, to change, modify, add, or delete portions of these Terms at any time in accordance with the procedures set forth below in the section labeled "Modifications" without notice to you.

Registration

To use the Service, You must submit a complete 3am Labs LogMeIn registration form ("Registration Form"), which is available on the LogMeIn web site ("Site") and can be downloaded from https://secure.logmein.com. As part of the registration process for the Service, You agree to: (i) provide certain limited information about You as prompted to do so by the Site (such information to be current, complete and accurate) and (ii) maintain and update this information as required to keep it current, complete and accurate. The information requested at the time of the original signup shall be referred to as registration data ("Registration Data"). If 3am Labs discovers that any of Your Registration Data is inaccurate, incomplete or not current, 3am Labs may terminate Your right to access and receive the Service immediately upon notice. 3am Labs will review the registration application and will notify You regarding acceptance or rejection. 3am Labs may reject a registration application if it determines, in its sole discretion, that the user is not an appropriate subscriber or user of the Service. 3am Labs reserves the right to refuse the Service to any user who has canceled previous Service accounts. 3am Labs need not provide a reason for its rejection. If 3am Labs rejects Your application, You may thereafter reapply and 3am Labs will reconsider Your application. You may not register for the Service if You are under 18 years of age. By registering for the Service You represent to 3am Labs that You are 18 years of age or older. Upon acceptance of this agreement and completion of the registration process You will have opened an account with 3am Labs and will become a subscriber to the Service.

Conduct

You are solely responsible for the content of Your transmissions through the Service. 3am Labs does, however, reserve the right to take any action with respect to the Service and/or the Site that 3am Labs deems necessary or appropriate in 3am Labs' sole discretion. Your use of the Service is subject to the end user license agreement set forth below and all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (i) to comply with all United States laws, rules and other regulations applicable in connection with the Service; (ii) not to post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component; (iii) not to use the Service for illegal purposes; (iv) not delete from the Site any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;(v) not to interfere or disrupt networks connected to the Service; or interfere with any other party's use and enjoyment of any Services; (vi) not to attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any 3am Labs Server or to any of the Services through hacking, password mining or any other means; (vii) not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services; (viii) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (ix) not to transmit through the Service, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.

Modifications

3am Labs may amend these Terms at any time by (i) posting a revised Terms of Service document on https://secure.logmein.com and/or (ii) sending information regarding the Terms amendment to the email address You provide to 3am Labs. You are responsible for regularly reviewing the https://secure.logmein.com site to obtain timely notice of such amendments. You manifest intent to accept these amended terms if You continue to use the Service and/or access Your membership account after such amended terms have been posted or information regarding such amendment has been sent to You. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, 3am Labs reserves the right to modify or discontinue the Service with or without notice to You. 3am Labs shall not be liable to You or any third party should 3am Labs exercise its right to modify or discontinue the Service.

Passwords and Security

As part of the registration process, You must use Your email address as Your user name and choose a password for access to Your account and to Your designated computers. You agree to carefully safeguard all of Your passwords. You are solely responsible if You do not maintain the confidentiality of Your passwords and account information. Furthermore, You are solely responsible for any and all activity that occurs under Your account. You agree to immediately notify 3am Labs of any unauthorized use of Your account or any other breach of security known to You, including if You believe that Your password or account information has been stolen or otherwise compromised. Access to and use of password protected and or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

3am Labs is not liable for any loss incurred by you, resulting from another’s use of your password or account, either with or without your knowledge. However, you may be held liable for losses incurred by 3am Labs or another party due to another’s use of your account or password. You shall not use someone else’s account at any time, without the permission of the account holder.

3am Labs, the creator of LogMeIn, will never send you an email asking for your LogMeIn username and password or your Windows username and password. To keep your LogMeIn remote access secure, keep your usernames and passwords confidential.

End User License Agreement

This end user license agreement is a right and license allowing You to use the Service under certain restrictions, terms and conditions (the "License Agreement"). By downloading the software or by registering for the Service, you are consenting to be bound by and are a party to the License Agreement. 3am Labs is not transferring title to the software to you.

The software is made available for download solely for use by You according to the License Agreement. Any reproduction or redistribution of the software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

You acknowledge that the software downloaded in connection with the Service is proprietary to 3am Labs and may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Therefore, You are only permitted to use the software as expressly authorized by 3am Labs and these Terms. You may not remove any proprietary notices or labels from the software. You may copy the software for archival purposes only, provided any copy must contain all of the original software's proprietary notices. However, You may not redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the software to a human-readable form. Further, LogMeIn, 3am Labs, associated logos, and other names, logos, icons and marks identifying 3am Labs' products and services are trademarks or service marks of 3am Labs and may not be used without the prior written permission of 3am Labs. All other product names mentioned are used for identification purposes only and may be trademarks of their respective holders. You may not, reproduce (except for archival purposes), distribute or create derivative works based on the software without expressly being authorized to do so by 3am Labs. Further, You may not alter, modify, or otherwise attempt to derive source code from the software or rent, lease, grant a security interest in or otherwise transfer rights to the software All rights not expressly granted in these Terms are reserved to 3am Labs.

Disclaimer of Warranties

Although 3am Labs has attempted to provide accurate information on the Site, 3am Labs assumes no responsibility for the accuracy of the information. 3am Labs may change the Service or products mentioned at any time without notice. Mention of non-3am Labs products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. Your use of the Service and browsing the Site are at your risk. Neither 3am Labs nor any other party involved in creating, producing, or delivering the Site or the Service is liable for any direct, incidental, consequential, indirect or punitive damages arising out of Your access to, or use of, the Site or Services.

ALL INFORMATION, SERVICE AND SOFTWARE PROVIDED ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

Limitation of Liability

3AM LABS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT PRODUCTS OR SERVICE, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY 3AM LABS PRODUCT OR SERVICE. UNDER NO CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL 3AM LABS BE LIABLE FOR DAMAGES RESULTING FROM USE OF THE SERVICE, OR RELIANCE ON THE INFORMATION PRESENT ON THIS SITE, EVEN IF 3AM LABS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL 3AM LABS TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER, IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOINT YOU PAID TO 3AM LABS, IF ANY, FOR THE SERVICE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Export Law Assurances

The Service and software from this Site is further subject to United States Export Controls. No Service or software from this Site may be downloaded or exported (i). into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii). anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By subscribing to the Service or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

High Risk Activities

The Service and software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapon systems in which the failure of the Service or software could lead directly to death, personal injury or severe physical or environmental damage ("high risk activities"). Accordingly, 3am Labs and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

Miscellaneous

This Agreement represents the complete agreement concerning the Terms and license granted hereunder and may be amended only by a writing executed by both parties.

These terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and the laws of the United States, without giving effect to any principles of conflict of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Boston, Commonwealth of Massachusetts, and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any of the provisions of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.