Welcome to Reimage.com, a web-based PC maintenance and repair service operated by Reimage, Inc. ("Reimage" or the "Service").
This document explains the terms and conditions for using Reimage (the "Agreement").
By clicking "I Accept" or by using Reimage, you consent to this Agreement and any new version of it posted since your last visit. If the Agreement is not acceptable, then please do not use our Service. This Agreement was last updated on: 05/18/2008.
Reimage offers owners of Windows-based computers and their authorized technicians the ability to have a damaged Windows PC hard drive configuration ("Customer Configuration") interrogated by Reimage's proprietary scanning technology, to have data anomalies identified by Reimage, and to have those anomalies repaired, with the goal of restoring the Customer Configuration to good working condition without loss of Customer Data. Our proprietary scanning technology builds an inventory of valid components that should be in your Customer Configuration and stores a summary representation of that inventory ("Inventory Description File") in Reimage's secure back-up facility. The Inventory Description File can then be available on a continuous basis during your subscription to facilitate emergency repair and maintenance of the PC. Your data files and program files are not copied to Reimage's servers during this process. Please note the Service is provided in good faith and is usually effective, but we do not warrant the actual outcome of the Service or the results obtained. The Agreement also limits our liability. These provisions are found in "Warranties &Liabilities," below, and we ask you to read them.
Each computer to be serviced by Reimage will be uniquely registered ("Registered Computer"). For each of your Registered Computers, you represent that you own the machine, or are authorized by the owner to perform maintenance and repair services on it, that any computer programs or other copyrighted works stored on the machine are legitimate copies owned or properly licensed, and that you are using the Reimage service to diagnose, repair and maintain the Customer Configuration so it can be used as an essential step in utilizing the computer program(s) on the Registered Computer. For each Registered Computer, you authorize Reimage to use its proprietary technology to perform a local and/or remote scan of the Customer Configuration, to build the Inventory Description File reflecting your Customer Configuration and to use the Inventory Description File to help repair the Customer Configuration to make it work in accordance with its specifications, as permitted by U.S. Copyright Act (17 U.S.C. 117(c)) and other national law ("Repair &Maintenance Authorization").
You further authorize Reimage to make and store back-up copies of your Inventory Description File to assist you in the exercise of your right to archive and restore legitimate copies of protected works under 17 U.S.C. 117(a) or other national law ("Archive & Restore Authorization"). You acknowledge that the Reimage Service will not store any copies of your program or data files, but instead, will use the Inventory Description File to understand what components should be reflected in a correct Customer Configuration and to use that File to orchestrate the repair of damaged files. Where program files cannot be obtained from publicly available sources, you may need to insert your original CD or media to complete the restoration process. You agree on your own initiative to delete your Inventory Description File from the Reimage Service in the event that your continued possession of the related computer programs or Customer Configuration should cease to be rightful.
The Archive & Restore Authorization is in support of the Maintenance & Repair Authorization, so that archived copies of Inventory Description Files for your Registered Computer may be retrieved during your subscription period and used solely to maintain and repair the same Registered Computer and for the research and continuous improvement purposes described below.
Reimage may immediately suspend or terminate any account used to circumvent the limited function of Reimage as a computer maintenance, repair and archive restoration facilitator.
Repair Key Expires 1 Year from Date of Purchase
In order that Reimage may continue improving the science of remote computer maintenance and repair services, you irrevocably authorize Reimage to add your Inventory Description File to its repository, to analyze your Inventory Description File, alone and in conjunction with other Inventory Description Files it may receive from other subscribers, to conduct ongoing scientific and commercial research, to improve the Reimage Service and to publish its research findings, in aggregate form only, without attribution or financial obligation to you. Inventory Description Files added to Reimage's repository may continue to be used after the Term of this Agreement for such purposes, so long as such usage is done anonymously in a manner that does not associate your Inventory Description File with your Registered Computer or with your personally identifiable information.
Reimage is a registered trademark of Reimage Ltd. in the United States. Windows XP is a registered trademark of Microsoft Corporation in the United States and other countries. The Twitter name, logo, Twitter T, and Twitter blue bird are trademarks of Twitter, Inc. in the United States and other countries. Facebook® is a registered trademark of Facebook Inc.
Some features of our Service are available on a limited "free trial" basis, while other areas may require the payment of a subscription-based fee or other published charge.
If you received a limited "free trial" offer, you may be able to use specified features of the Service without charge during a stated trial period. If we have informed you that your trial account will automatically be converted to a paid subscription for a one-time or recurring fee, then you must cancel your account to avoid charges. If you do not cancel your account, then you authorize us to charge your payment method for the subscription fees applicable to the type of subscription that you selected at registration.
You agree not to allow your Master Account or any Sub-Accounts to be used by other persons that do not have an account. We require timely payment of all published fees and charges by the Master Account holder. You agree to keep your payment method with us up to date (including the expiration date for payment cards). You are responsible for all published charges on your Account(s) prior to the date we can reasonably act on any instruction to cancel your subscription. Fee paid are non-refundable, except as expressly stated herein.
We will provide you an online account statement. You agree to review the account statement and notify us of any discrepancy within one hundred twenty (120) days of the date of any disputed charge. You waive any claim which could have been identified from the billing statement within such period and which was not brought to our attention in writing during such period.
Currency exchange settlement rates are determined by your payment card provider. We will give you advance notice of any price changes for the Service. If you do not agree with a price change, you must cancel your subscription to avoid incurring the charges as of the published effective date. You are responsible for providing your own communication services (including any internet and dial-up services and related charges) and any taxes on this transaction, other than taxes on the net income or profits of Reimage.
If you fail to pay applicable fees or charges when due, we may suspend or terminate your account and access to the Services. Unless otherwise agreed in writing, all charges are payable in the currency specified in advance by major credit card or other online payment mechanism. Late payments are subject to costs of collection (including legal fees of 17.5% pre-filing, or 35% if formal proceedings are filed) and shall bear interest at a rate equal to the lesser of one (1) percent per month or the highest rate permitted by law.
Content, goods or services may be offered by third parties through hotlinks or advertisements contained on our Service. We have no control over and do not endorse third party content, goods or services. We act as a distributor and not as a re-publisher of third party content and as an advertising channel for third party goods and services. Third party providers may change, add or discontinue their content or offerings at any time without notice. They may impose additional or different conditions on your use of their content or services (please read any additional terms that may be posted by such providers). WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS, SOFTWARE OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL LOOK SOLELY TO THE THIRD PARTY PROVIDER FOR ALL CLAIMS REGARDING SUCH MATTERS.
We offer secure web pages to transmit Inventory Description Files and to provide the computer maintenance, repair and archiving functions of Reimage. Inventory Description Files will be stored in an effectively secured form on our servers. We follow well defined technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. No computer system is completely secure, but we believe the measures implemented by our Service reduce the likelihood of security problems to a level appropriate to the type of data involved.
Reimage is not responsible for any delay or failure in performance of the Service in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, terrorism, war, insurrection, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement.
Because of the uncertainty and lack of uniformity of laws in other jurisdictions (particularly as applied to Internet sites), it is important to agree that our Service operates solely in Ramat Gan, Israel (our "Locality"). You are using the Internet as your own agent to access and use our Service from the local Internet point of presence (POP) here in our Locality and you are using the Internet or public carrier as your local agent to take delivery of any information, products or services in our Locality. This means all operations, services, deliveries, performance and contacts of our Service occur solely in our Locality. Our Service does not submit to personal jurisdiction anywhere else and you irrevocably waive any claim to the contrary.
If you violate or exceed the scope of this Agreement or infringe our proprietary rights, you agree we would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining you from further mischief.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE UNITED STATES AND NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. THE PROCEDURAL LAW OF ISRAEL WILL GOVERN PROCEDURAL ISSUES. YOU AGREE TO INITIATE AND MAINTAIN ANY LEGAL ACTION IN ISRAEL AND IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE THEREIN IN ANY ACTION BROUGHT BY YOU. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY. Since we make no warranties and have limited our liabilities, you should have little reason to have a grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained on an individual basis (and not consolidated with similar cases) within one (1) year after the claim arises or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and don't win on the merits, you will pay our defense costs, including reasonable legal fees for in-house and outside counsel. If we are required to enforce this Agreement or our rights, you irrevocably accept legal notices and papers by electronic mail at your last known email address (we would also attempt to send you a backup copy by regular mail).
To the extent used by U.S. government personnel: this is a computer data base that constitutes restricted computer software and is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in the Commercial Computer Software clause at DFARS 227.7202-3 or subparagraphs (c)(1) and (2) of the Commercial Computer Software- Restricted Rights clause at 48 CFR 52.227-19, as applicable. Contractor is Reimage, Inc., a corporation with offices located at Ramat Gan, Israel.
There are no third party beneficiaries of this Agreement. The parties are independent to one another and are not related by franchise, partnership, employment, joint venture or otherwise. This Service is not a party to any transaction between you and any third party advertisers, suppliers or customers. You will look solely to the third party for all claims regarding their goods, services or information.
Reimage may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets the Service's automated criteria or which is believed by the Service's personnel to be genuine. For any password protected areas, the Service may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. The Service may assume the latest email addresses and registration information on file with the Service are accurate and current. When programmed to do so, the Service may take prescribed actions in the absence of receiving proper, complete and timely contrary instructions.
We reserve the right to modify, change or discontinue the Service or any feature at any time without notice, except we will give advance public notice of any upcoming price changes. You agree that the Service is not liable to you or to any third party as a result of any such action. We invite users to make suggestions for ways that the Service can be improved. If you make a suggestion, you authorize us to use the idea and to publish your name in connection with the submission. We do not pay compensation for using submissions.
Either party may terminate this Agreement in their sole discretion, at any time with or without cause and regardless of the stated registration period otherwise applicable. We reserve the right to suspend or terminate operation of this Service, or any feature of this Service, at any time upon notice. Upon termination, Inventory Description Files may continue to be used on an anonymous basis for research and continuous improvement purposes as specified herein or may be permanently deleted, as Reimage may determine. Protections afforded to us and to third parties by this Agreement will survive termination. If this Agreement is suspended or terminated as a result of unauthorized use or infringement of rights to Content obtained from the System, you agree that upon request, you will destroy all copies of such Content in your possession or under your control.
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information.
This document reflects our entire and exclusive agreement and supersedes all other agreements regarding this subject matter, whether written or verbal. We reserve the right to change this Agreement at any time by posting a new version on the Service. Your continued use of this Service after the effective date of such amendment will constitute your acceptance of it. Any other amendment to this Agreement shall be in a pen-and-ink signed writing, regardless of any course of performance or trade practice between us. This electronic document or a hardcopy duplicate in good form shall be considered an original document admissible into evidence unless the document's authenticity is genuinely placed in question. We reserve the right to assign this Agreement to any third party, including a party acquiring any of our operating assets or ownership interests upon written notice (including by way of email) to subscribers. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.
If you believe content on our Service infringes your copyrighted work and you want the Service to take down the offending material, you will need to complete the following Notice of Copyright Infringement and mail, email or fax it to our Registered Agent (do not use this procedure for any other kind of communication):
Mail or Fax it to us:
Notice of Copyright Infringement
I certify under the penalty of perjury that I own or am authorized to act on behalf of the owner of the copyrighted work identified below. I believe in good faith that the copyrighted work has been used on your Service without authorization by the owner, its agents or according to law. I ask that you remove or block access to the infringing material.
I can be contacted as follows:
I certify under the penalties of perjury that the foregoing is true and correct to the best of my information, knowledge and belief.