The services described below only attempts to fix software issues and does not extend to
hardware issues. The service only includes basic help for simple commonly used personal
use software.
Licensed Software and Service Description, Acceptance.
Team Assist makes available to
you certain remote control software (the “Licensed Software”), which enables
Team Assist and its agents to provide certain support services to you, including
taking temporary control of your personal computer and software in an attempt to
diagnose and repair your service related issues (the “Service”). Neither the
Software nor the Service will and are not intended to protect your computer from any
virus, spyware and/or malware that may affect your computer at any time following
the end of the session. Team Assist will not be in any way responsible for any
corrupted data, files or viruses which may affect you or your computer. It is your
responsibility to safeguard your system, through appropriate means (for example,
using commercially available software), from theft, unauthorized use or system
corruption. By clicking the “I Agree” button found below, you acknowledge that you
have read, understand and agree to be bound by this Software License and Service
Agreement and any other additional terms, policies and practices that are displayed
to you or to which you may be directed in connection with the Licensed Software and
the Service, each as may be amended by Team Assist from time to time
(collectively, the “Agreement”). “You” and “Yours” means you and every person who
uses the Licensed Software and the Service on your computer.
Software License. Team Assist and its suppliers hereby grant to
you a non-exclusive, non-transferable right to use the Licensed Software for your
private use on your computer. Your right to use the Licensed Software shall be
subject to the terms and conditions set forth in this Agreement.
Access, Your Responsibilities. You acknowledge and agree that in
order to provide the Service to you, Team Assist or its agents will access, take
control of and make changes to your personal computer and/or software by remote
control, including the modification to Internet-related software settings,
installation and where applicable, uninstallation of certain software and you hereby
consent to such actions.
Backup. Before installing the Licensed Software, please close all
applications running on your computer. It is your responsibility to back-up all
existing computer files by copying them to another storage medium prior to the
installation of the Licensed Software. Team Assist, its affiliates, agents and
suppliers shall have no liability whatsoever for any damage or loss to data or
peripherals.
Restrictions. Except as specifically permitted in this Agreement,
you shall not have the right to: (a) copy the Licensed Software; (b) sublicense or
permit simultaneous use of the Licensed Software by more than one user; (c) resell,
rent, lease, transfer, distribute, or otherwise provide the Licensed Software to any
third party; (d) modify, translate, reverse engineer, decompile, disassemble, or
create derivative works based upon the Licensed Software; or (e) remove any
copyright notice or any proprietary trade or service marks or notices from the
Licensed Software or any related documentation.
Privacy and Security. The public internet and third party networks
will be utilized to provide the Licensed Software and the Service to you. It is your
responsibility to safeguard your system, through appropriate means (for example,
using commercially available software), from theft, unauthorized use or system
corruption. Team Assist is not responsible for any lack of privacy or security
which may be experienced with respect to the provision of the Licensed Software and
the Service to you, including as a consequence of your failure to adequately
safeguard your system. Your personal information shall be protected by Team Assist
in a manner consistent with the Team Assist Privacy Code available by visiting
teamassist By installing the Licensed Software and by using the Service, you consent
to the collection, use and disclosure of your personal information, as set out in
the Team Assist Privacy Code.
User Information; Recording; Other Information. You hereby
acknowledge that Team Assist, its affiliates and agents may retain and use any
information (including but not limited to IP address and session details), comments
or ideas conveyed by you relating to the Licensed Software and the Service. This
information may be used to provide you with better service. The desktop sharing
session may be recorded for quality assurance purposes. Further, by using the
Licensed Software and the Service, Team Assist may be sent information regarding
your account and the configuration of your computer. This information will only be
used for the purpose of configuring your computer and some wireless devices for use
with Team MTS’s internet access services and to assist Team Assist in
addressing technical questions which may arise while providing the Service to you.
In addition, Team Assist may use this information to create aggregated information
(information which does not include any personally identifiable information about
you) that may be used to improve the service Team Assist provides to you, and to
determine and disclose the aggregate number of customers that have used the Licensed
Software and the Service. You hereby agree to the disclosure of the above referenced
information to Team Assist, its affiliates and agents and grant to Team Assist
the right to use this information in the manner set forth above.
Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT TO THE
EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED SOFTWARE AND THE SERVICE ARE
PROVIDED BY Team Assist, ITS AGENTS AND SUPPLIERS ON AN “AS-IS” AND “AS AVAILABLE”
BASIS, AND THAT Team Assist, ITS AGENTS AND SUPPLIERS MAKE NO WARRANTY,
REPRESENTATION OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY, REPRESENTATION OR CONDITION OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT
TO THE LICENSED SOFTWARE AND THE SERVICE. ALL WARRANTIES, REPRESENTATIONS AND
CONDITIONS, EXPRESS OR IMPLIED, ARE HEREBY EXPRESSLY EXCLUDED. YOU ARE RESPONSIBLE
FOR THE COMPATIBILITY OF THE LICENSED SOFTWARE AND THE SERVICE WITH ANY EQUIPMENT,
SOFTWARE, SERVICES AND/OR OTHER MATERIALS NOT PROVIDED BY Team Assist PURSUANT TO
THIS AGREEMENT (THE “THIRD PARTY EQUIPMENT AND SERVICES”). Team Assist DISCLAIMS
ALL RESPONSIBILITY FOR DETERMINING COMPATIBILITY BETWEEN THE LICENSED SOFTWARE, THE
SERVICE AND THE THIRD PARTY EQUIPMENT AND SERVICES. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, Team Assist, ITS AGENTS AND SUPPLIERS DO NOT WARRANT THE
PERFORMANCE, AVAILABILITY, ACCURACY, SECURITY, ERROR-FREE OR UNINTERRUPTED OPERATION
OR USE OF THE LICENSED SOFTWARE AND THE SERVICE OR THAT THE LICENSED SOFTWARE AND
THE SERVICE OR ANY PART THEREOF WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR SOLVE
THE ISSUES YOU ARE EXPERIENCING.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT
UNDER NO CIRCUMSTANCES WILL Team Assist, ITS AGENTS OR ANY OF ITS SUPPLIERS, BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT
LIMITATION ANY GENERAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR
SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF PROFITS,
SAVINGS, LOSS OF USE OR LOSS OF DATA, ON ACCOUNT OF ANY ACT OR OMISSION OF
Team Assist, ITS AGENTS, SUPPLIERS OR THEIR REPRESENTATIVES RELATED IN ANY WAY TO
THE LICENSED SOFTWARE AND THE SERVICE PROVIDED HEREUNDER OR THIS AGREEMENT. THIS
SECTION WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE AND WHETHER OR NOT DAMAGES WERE FORESEEABLE.
Indemnity. You agree to defend, indemnify and hold harmless
Team Assist, its affiliates, agents and suppliers, from any and all liabilities,
expenses and other amounts related to any violation of this Agreement by you or any
user of your account, or in connection with your or their use of the Licensed
Software and the Service.
No License; Intellectual Property of Team Assist and Others.
Team Assist, its affiliates and its suppliers, as applicable, own all rights,
title and interest in and to the Licensed Software and the Service. Except as
expressly provided, nothing herein or within the Licensed Software and the Service
shall be construed as conferring any license under any of Team MTS’s or any
third party’s intellectual property rights, whether by estoppel, implication,
waiver, or otherwise.
Agreement Term and Termination. The term of this Agreement will
continue until either the end of the one-time session during where Team Assist
provides to you the Licensed Software and the Service or until Team Assist or you
have uninstalled the Licensed Software. Team Assist may uninstall the Licensed
Software, terminate or suspend the Service and this Agreement at any time, including
during the session, upon notice to you in its sole discretion. The accrued rights
and obligations under this Agreement that by their nature or as specified under the
Agreement are intended to continue beyond the termination of this Agreement until
exhausted or fulfilled, will survive the termination of this Agreement, including
without limitation Sections 2, 3, 5, 6, 7, 8, 9, 10, 11, 12 and 14.
Amendments. Team Assist may at any time and from time to time
upon notice to you and without your consent amend or modify the Agreement or any
part thereof or features or other aspects of the Licensed Software and/or the
Service. Team Assist will notify you of any amendment or modification to the
Agreement or any material change to the Licensed Software and/or the Service in
advance by posting notice of such change at the Team Assist
website or by using any other notice method that will likely be brought to
your attention. You agree to view the Team Assist
website periodically and to review this Agreement to be aware of such
modifications. Nothing in the Agreement will be construed as obligating you to
continuing to use the Licensed Software and the Service after any change is made to
the Licensed Software, the Service or the Agreement; however, your sole and
exclusive remedy in the event that you do not wish to accept such change will be
termination of the Agreement. Should you continue to use the Licensed Software and
the Service after such change is effective, to the extent permitted by applicable
law, such use will be deemed to be your acceptance thereto and you expressly agree
that no additional written agreement or express acknowledgement by you will be
required to accept such change.
Miscellaneous. This Agreement and any other documents incorporated
herein by reference or otherwise provided or made available to you in connection
with the Licensed Software and the Service, as each or all may be amended from time
to time, represent the entire agreement among you and Team Assist with respect to
the Licensed Software and the Service and supersede all prior agreements between you
and Team Assist in connection with the Licensed Software. In the event of any
inconsistency, the terms of this document will govern and prevail. Team Assist may
assign all or any portion of its rights and obligations under this Agreement to any
affiliated entity without your prior written consent. You may not assign or transfer
this Agreement. Any questions regarding the Agreement or notices to Team Assist
may be provided verbally by calling at 204-225-5689. Notices to you will be in
writing and delivered by e-mail to the e-mail address provided by you to
Team Assist or by using any other notice method that will likely come to your
attention. Team Assist is a federally-regulated undertaking and as such the
Agreement, including all matters relating to its validity, construction, performance
and enforcement, will be governed by applicable federal laws and regulations of
Canada and only those provincial laws and regulations that are applicable to it. The
terms and conditions of the Agreement are subject to amendment, modification or
termination if required by such laws or regulations. If any provision in the
Agreement is declared to be void, invalid, in conflict with any such law or
regulation, or otherwise unenforceable by a court of competent jurisdiction, that
provision may be deleted or modified, without affecting the validity of the other
provisions. Team MTS’s failure to insist upon or enforce strict performance of
any provision of this Agreement will not be construed as a waiver of any provision
or right. Certain elements of the Licensed Software and/or the Service may be
provided to you by third party service providers located outside of Canada and as
such your use of the Licensed Software and the Service may be subject to the laws of
foreign jurisdictions.