Terms of Use

1. SERVICE OVERVIEW

STS provides in-person and remote tech support services specifically designed for older adults and seniors (the “Services”). Our Services include setup, troubleshooting, optimization, and instruction for various devices and technologies. STS provides assistance for commonly used devices, including but not limited to smartphones, tablets, computers, and smart home devices. Services do not cover repairs, hardware replacements, or installation services outside the scope of support and training.

STS reserves the right to refuse service if a client engages in abusive, harassing, or inappropriate behavior. In such cases, any unused sessions may be forfeited.

2. MEMBERSHIPS

(a) Membership Types and Services. STS offers the following membership-based subscription services (each a “Membership Service” and collectively, the “Membership Services”):

1. Essential Membership

The Essential Membership is $149.00 per month and is billed as set forth in Section 2(b). The services included are as follows:

• Priority scheduling for all support requests, with a response within 48 hours;
• One Remote Support Session per month, up to one hour; and
• One hour of In-Person Support per month. An additional thirty-five dollars ($35.00) will be charged for in-person visits with destinations beyond 20 miles from Wheaton, Illinois or Grand Rapids, Michigan.

2. Premium Membership

The Premium Membership is $249.00 per month and is billed as set forth in Section 2(b). The services included are as follows:

• Priority scheduling for all support requests, with a response within 24 hours;
• Two Remote Support Sessions per month, totaling up to two hours; and
• Two hours of In-Person Support per month. An additional thirty-five dollars ($35.00) will be charged for in-person visits with destinations beyond 20 miles from Wheaton, Illinois or Grand Rapids, Michigan.

(b) Billing and Payment. If you purchase a Membership Service, you will be charged the price for that specific Membership Service on the day you first purchase your subscription, and again on a recurring monthly basis thereafter. Each recurring one-month period is referred to as a “Billing Period.” By purchasing a subscription to a Membership Service, you consent to and authorize Us and our third-party payment processor to charge your designated payment method for all fees due at the start of each Billing Period.

(c) Automatic Renewal. YOUR SUBSCRIPTION FOR A MEMBERSHIP SERVICE WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD UNLESS YOU CANCEL BEFORE THE RENEWAL DATE AS INDICATED IN SECTION 2(d). Each Billing Period is automatically followed by a new Billing Period, which begins on the “Renewal Date” — the day immediately following the end of the prior Billing Period. On each Renewal Date, your payment method will automatically be charged the then-current Membership Service price (plus applicable taxes) for the new Billing Period, unless you cancel in accordance with Section 2(d) prior to that Renewal Date. You may cancel your Membership Service at any time prior to the applicable Renewal Date in accordance with Section 2(d) below to avoid being charged for the next Billing Period. We will provide advance notice of any renewal price increase to the extent required by applicable law.

(d) Cancellation. You may cancel your Membership Service at any time by: (i) accessing the account settings in your user account, if you are registered for one; (ii) emailing us at support@seniortechsupport.net or (iii) calling us at 1-877-630-3538. If you cancel before the applicable Renewal Date, your cancellation will take effect at the end of the then-current Billing Period, you will not be charged for the following Billing Period, and you will continue to have access to the Membership Service through the end of the then-current Billing Period.

(e) In-Person Support Sessions and Remote Support Sessions included in a Membership Service must be used within the Billing Period and do not roll over to future months.

(f) Additional Fees. Any additional fees, including travel fees or fees for additional support sessions not covered under the Membership Service, shall be invoiced separately at STS’s then-current applicable rate and charged on the date of the applicable support session.

3. PRE-PAID PACKAGES

(a) Packages. STS offers different pre-paid packages (each a “Package”). The terms and pricing of each Package are provided on our Site and will also be presented to you at the time of payment.

(b) Expiration of Services. All pre-paid packages must be used within six (6) months from the date of purchase. Unused sessions or hours will expire after this period.

(c) Payment for Package. If you purchase a Package on our Site, you will be charged the price set forth for that specific Package on the day you first purchase the Package. By purchasing a Package, you authorize our third-party payment processor to charge your designated payment method for all fees due.

(d) Additional Fees. Any additional fees, including travel fees or fees for additional support sessions not covered under a Package, shall be invoiced separately at STS’s then-current hourly rate, and charged on the date of the applicable support session.

4. PAYMENT FOR INDIVIDUAL SERVICES

We offer In-Person Support and Remote Support Services that may be purchased individually, on a one-off basis, separate and apart from any Membership Service or Package (each, an “Individual Service”). The terms and pricing of each Individual Service are provided on our Site and will also be presented to you prior to checkout.

(a) In-Person Support. In-Person Support is subject to a one-hour minimum. Additional time after the first hour is billed in 15-minute increments. An applicable travel fee may apply to certain in-person appointments as disclosed to you prior to checkout.

(b) Remote Support. Remote Support is billed in 15-minute increments.

(c) Deposit. A deposit is charged on the day you book an Individual Service and will be credited against the total cost of that service. The deposit is refundable only if you cancel or reschedule the appointment at least 24 hours prior to the scheduled appointment time as set forth in Section 7.

(d) Payment. Payment for Individual Services is due on the day the service is performed. If you are unable to make payment at the conclusion of the appointment, we may issue an invoice for the outstanding amount.

5. LATE FEES

A late fee will be assessed on any outstanding balance that is thirty (30) days past due. This policy is structured as follows:

• Administrative Fee: A one-time, non-refundable administrative fee of $35.00 will be applied to the invoice balance on the 30th day past due.
• Ongoing Interest: In addition to the administrative fee, an ongoing late interest charge of 0.4167% per month (5% APR) will be applied to the total outstanding balance and will accrue monthly thereafter until the balance is paid in full.

Note: This interest rate is agreed upon contractually and is within the legal limits defined by the State of Illinois.

6. SCHEDULING APPOINTMENTS

Appointments must be scheduled in advance through our online booking system or by contacting us directly. Availability is subject to change, and we cannot guarantee specific times or dates.

7. APPOINTMENT CANCELLATION AND RESCHEDULING POLICY

We understand that plans can change unexpectedly. To ensure availability for all clients, we kindly ask that you provide at least 24 hours’ notice if you need to cancel or reschedule your appointment. You may cancel or request to reschedule by phone at 1-877-630-3538 or by email at support@seniortechsupport.net.

Appointments cancelled with less than 24 hours’ notice will be charged the full amount of the time booked, and any deposit made will be forfeited.

Thank you for your cooperation and understanding.

8. REFUNDS

All purchases are final. STS does not offer refunds for completed sessions or unused hours within a package. Exceptions may be made in certain cases, at our discretion, in compliance with applicable laws. Late fees are not subject to refund.

9. CHANGES TO TERMS/SITES

We make the Site and the Services we offer on it available to you subject to these Terms of Use. By using the Site, you are accepting these Terms of Use and any modifications we make to them from time to time. Please note we can make changes to our Services or terminate them at any time. If you have a Membership Service or pre-paid Package and such changes are not acceptable to you, you may cancel your Membership Service or pre-paid Package in accordance with its terms. You can review the most current version of the Terms of Use at any time by clicking on the Terms of Use link on the Site. Your continued use of the Site and Services after any such changes constitutes your acceptance of the updated Terms.

10. PRIVACY

The protection of your personal information is important to us, and we take care to protect the personal information you provide to us. STS’s Privacy Policy is available at https://seniortechsupport.net/privacy-policy (the “Privacy Policy”). By using the Site, you consent to all actions taken by STS with respect to your personal information in compliance with the Privacy Policy and/or these Terms.

11. ACCESS TO SITE

(a) Limited Right to Use. Subject to these Terms, STS and its licensors grant you a personal, limited, nontransferable, nonexclusive, non-assignable, revocable license and right to access the Site through a generally available web browser or mobile device to view content and information and otherwise use the Site consistent with its functionality and in accordance with these Terms. Any other use of the Site is strictly prohibited and a violation of these Terms. All content included on the Site, including but not limited to text, graphics, logos, images, designs, products, video, audio, data, and other material, and the design and selection thereof (collectively “Content”), are owned by STS, its licensors, or other providers of such materials, including but not limited to the copyright, trademark, patent, or other proprietary rights therein. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of STS and its respective licensors and is protected by U.S. and international copyright laws. You may use the Site only as permitted by law and these Terms. No right, title, or interest in or to the Site or any Content therein is transferred to you, and all rights not expressly granted to you in these Terms are reserved and retained by STS and/or its licensors or suppliers. Any use of the Site that is not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

(b) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions:

1. you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. The Site is solely for your non-commercial, personal, and educational use;
2. you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site;
3. you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Site, or any other system, device or property;
4. you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Site or violate the regulations, policies, or procedures of such networks;
5. you agree not to access (or attempt to access) any of the Site by means other than through the interface that is provided by STS or in any way undermine the security or the operations of the Site;
6. you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Site; and
7. you agree not to use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.

(c) Submission of Images for Services. As part of the Services, you may be permitted to upload, submit, or otherwise transmit photographs, videos, or other images of your device(s) or equipment (“Device Images”) through your account for purposes of diagnosis, service requests, or related technical support. You are solely responsible for the content of any Device Images that you submit and shall not submit or capture any Device Image containing sensitive Personal Information, confidential data, or third-party content beyond what is reasonably necessary for us to provide the Services.

(d) Reviews and Testimonials. You may also have the opportunity to submit reviews, ratings, comments, or testimonials regarding your experience with the Services (“Reviews”). We may display, publish, or otherwise use Reviews on the Services, our marketing materials, social media, and other promotional channels, in our sole discretion and without further notice or compensation to you.

(e) License Grant. By submitting Device Images or Reviews (collectively, “Submissions”), you grant us a non-exclusive, worldwide, royalty-free, transferable, sublicensable, perpetual license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Submissions in any media now known or later developed, for purposes including providing the Services, quality assurance, marketing, and promotion of the Services.

(f) Representations and Warranties. You represent and warrant that: (i) you own or have all necessary rights to submit the Submissions and grant the license above; (ii) your Submissions do not infringe, misappropriate, or violate any third-party’s intellectual property, privacy or publicity rights; and (iii) your Submissions do not contain unlawful, defamatory, misleading, or otherwise objectionable content.

(g) No Obligation; Monitoring and Removal. We have no obligation to post, display or retain any Submission and may remove or decline to use any Submission at our sole discretion, including, if we believe it violates these Terms or applicable law. We do not endorse and are not responsible for the accuracy of any Submission.

(h) No Confidentiality. Submissions are not treated as confidential, and we have no obligation to maintain any Submission in confidence, except as otherwise stated in our Privacy Policy with respect to Personal Information.

(i) Right to Use the Site. You must be 18 years of age or older to use the Site. If you are not at least 18 years old, do not use the Site. Additionally, we reserve the right to deny access or use of the Site and the products and Services we offer on it to anyone at any time in our sole and absolute discretion.

12. USER INFORMATION

To use certain parts of the Site, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that:

(a) all required registration information you submit is truthful and accurate;

(b) you will maintain the accuracy of such information; and

(c) your use of the Site does not violate any applicable law or regulation.

You are entirely responsible for maintaining the confidentiality of your Account log-in information and for all activities that occur under your Account. You agree to immediately notify STS of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. STS is not liable for any loss or damage arising from your failure to comply with the above requirements. We have the right to disable any Account, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

13. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all intellectual property and proprietary rights, including without limitation copyrights, patents, trademarks, and trade secrets on the Site or provided through the provision of our Services are owned by STS or our licensors (“STS Intellectual Property Rights”). Your possession, access, and use of the Site do not transfer to you or any third party any rights, title, or interest in or to such STS Intellectual Property Rights. STS and its affiliates and licensors, service providers, and suppliers reserve all rights not granted in these Terms. The Services offered on the Site are licensed to you, not sold or transferred to you, under these Terms. You may only copy parts of the Site on to your own computer for your own personal use. You may not use the Content of the Site in any other public or commercial way, nor may you copy or incorporate any of the Content of the Site into any other work, including your own website without the written consent of STS. You must have a license from us before you can post or redistribute any portion of the Site. STS (or its licensors) retains full and complete title, right, and interest in and to all Content on the Site, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Site or any Content therein. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials on the Site. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any Content therein is transferred to you, and all rights not expressly granted are reserved by STS. Any use of the Site that is not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

14. COPYRIGHT COMPLAINTS

In operating the Site, STS may act as a “service provider” (as defined by DMCA) and offer services as an online provider of materials and links to third-party websites. As a result, third-party materials that STS does not own or control may be transmitted, stored, accessed, or otherwise made available using the Site. STS has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of STS or a third-party, or that has otherwise violated any intellectual property laws or regulations, or these Terms. If you believe any material available through the Site infringes a copyright, you should notify STS using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). STS will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Please send infringement notices under the DMCA to: Copyright Agent, Tony LaPalio, at support@seniortechsupport.net.

Please provide the following information in the notice:

• Identify the copyrighted work or other intellectual property that you claim has been infringed;
• Identify the material on the Site that you claim is infringing, with enough detail so that STS may locate it on the Site;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
• Your address, telephone number, and email address; and
• Your physical or electronic signature.

STS may give notice to its users of any infringement notice by means of a general notice on any of its websites, electronic mail to a user’s e-mail address in its records, or by written communication sent by first-class mail to a user’s physical address in its records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below.

To be effective, the counter-notification must be a written communication that includes the following:

1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

15. THIRD-PARTY SERVICES

The Site and our Services may link to functionality interacting with the websites or products and services of third parties. We do not endorse and we are not responsible for and have no liability for functionality, actions, inactions, privacy settings, privacy policies or content of any such website. YOUR USE OF THE THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

16. INDEMNITY

You agree to defend, indemnify and hold harmless STS and its respective licensors, suppliers, officers, directors, employees, contractors, agents, successors, and assigns from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Site and its Services, (ii) your use of any information or other materials obtained from the Site, (iii) your violation of these Terms or any third-party terms and conditions of use/service, (iv) any Content (including User Content you provide); or (v) your violation of any law or the rights of any third party. STS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify STS, and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without STS’s prior written consent. STS will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

17. TERM AND TERMINATION

(a) Term. These Terms will remain in full force and effect so long as you continue to access or use the Site, or until terminated in accordance with the provisions of these Terms. At any time, STS may (i) suspend or terminate your rights to access or use the Site, or (ii) terminate these Terms with respect to you if STS in good faith believes that you have used the Site in violation of these Terms, including any incorporated guidelines, terms or rules.

(b) Effect of Termination. Upon termination of these Terms, your Account and your right to use the Site, including any license granted under these Terms, will automatically terminate. If STS terminates or discontinues the Services for reasons other than your breach of these Terms, STS will refund to you, on a pro rata basis, any prepaid fees for Membership Services, Packages, or individual services that have not yet been used or provided as of the date of termination.

18. DISPUTE RESOLUTION/ARBITRATION

(a) Disputes. You and STS agree that, except as provided below, any dispute, claim or controversy arising out of or relating in any way to the Site, its contents, tools, services, or these Terms (a “Claim”) will be determined solely by confidential and binding arbitration, instead of a court. The venue for the arbitration shall be Chicago, Illinois or a reasonably convenient location as determined by the parties.

(b) What is Arbitration? Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision and that you and STS are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and/or the termination of the Site.

Either party may submit a dispute to final and binding arbitration. You may file for an arbitration by first sending to STS written Notice of your Claim (“Notice of Claim”). The Notice of Claim to STS should be sent in care of our registered agent which is as follows: Tony LaPalio, 1811 Stoddard Ave. Wheaton, IL 60187. The Notice of Claim should include both the mailing address and email address you would like STS to use to contact you. If STS elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to your address on file. A Notice of Claim, whether sent by you or by STS, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought.

You and STS agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and STS, therefore, agree that, after a Notice of Claim is sent but before either you or STS commence arbitration against the other, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Claim covered by these Terms. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if STS is represented by counsel, its counsel may participate in the conference as well, but STS agrees to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

If we do not reach an agreement to resolve the Claim within one hundred twenty (120) days after the Notice of Claim is received, you or STS may commence an arbitration proceeding by filing a Demand for Arbitration. You agree that you may not commence any arbitration unless you and STS are unable to resolve the claim within 120 days after we receive your completed Notice of Claim and you have made a good faith effort to resolve your claim directly with STS during that time. You may download or copy a form of notice and a form to initiate arbitration at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted by the AAA before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879, except as modified by these Terms. Unless STS and you agree otherwise, any arbitration hearings will take place in the county of either your residence or of the mailing address you provided in your Notice of Claim.

(c) Discovery/Document Exchange/Evidence/Burden. Discovery and/or the exchange of documents in any such arbitration proceeding shall be permitted to the extent allowed under applicable arbitration rules, and as to other documents or information, upon a finding of good cause by the arbitrator.

(d) Selection of Arbitrator. A single, neutral arbitrator, with at least ten years of experience, shall be mutually selected by the parties. In the event the parties are unable to mutually agree upon an arbitrator, the parties shall select an arbitrator as provided for by the rules governing the dispute. You may obtain a copy of the AAA Consumer Arbitration Rules and Procedures at https://www.adr.org/Rules.

(e) Arbitral Decision/Review. The arbitrator shall have the authority to hear and grant dispositive motions in the matter. The arbitrator shall also have the exclusive authority to determine whether a claim is arbitrable or otherwise covered by this Agreement. Within 30 days of the close of the arbitration hearing, or at any later time to which the parties agree, the arbitrator shall issue a final written decision, separately stating his or her findings of fact and conclusions of law on which the ruling is based with respect to any ruling on dispositive motions or a final arbitration award. The arbitrator shall have no authority or power to add to or to subtract or otherwise modify this Agreement. The arbitrator’s award or other decision shall be final and binding on the parties. Judgment on any award may be entered in any court having jurisdiction as set forth immediately below.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. You are required to pay AAA’s initial filing fee, but STS will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county of residence. If the arbitrator finds that either the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and STS will not reimburse your initial filing fee. The parties agree that the AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under the AAA Rules where it deems appropriate, provided that such modification does not increase the AAA fees to you or STS and you and STS waive any objection to such fee modification. For more information about the arbitration process, including resources for self-represented parties, please visit www.adr.org and the AAA’s consumer resources page for self-represented arbitration at https://www.adr.org/special-services/self-represented/.

(f) Class-Action Waiver. You and STS agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, if you have elected arbitration, unless both you and STS agree otherwise, the arbitrator may not consolidate any other person’s Claims with your Claims and may not otherwise preside over any form of a representative or class proceeding. If STS believes that any Claim you have filed in arbitration or in court is inconsistent with the limitations in this paragraph, then you agree that STS may seek an order from a court determining whether your Claim is within the scope of the Class Action Waiver. If this Class Action Waiver is found to be unenforceable, then the entirety of this section shall be null and void. This section shall survive expiration or termination of these Terms.

(g) Right to Opt-Out. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to STS: Attention; Tony LaPalio, 1811 Stoddard Ave. Wheaton, IL 60187 via USPS Priority Mail or hand delivery. This written notice must be signed by you, and not any attorney, agent, or other representative of yours. STS may opt out of arbitration by sending written notice of its intention to opt out to the arbitration provider and to you or your attorney, agent, or representative if you are represented. Notwithstanding the foregoing, either party may elect to pursue a Claim in small claims court if the Claim is within the scope of the court’s jurisdiction.

I REPRESENT I HAD A SUFFICIENT OPPORTUNITY TO READ THROUGH THESE AGREEMENTS TO ARBITRATE, CLASS ACTION WAIVER AND WAIVER OF JURY TRIAL, I HAVE READ AND UNDERSTAND MY AGREEMENT TO THESE TERMS, AND I AGREE TO BE BOUND AS SET FORTH ABOVE.

(h) Bellwether Proceedings. IF 50 OR MORE CUSTOMERS INITIATE NOTICE OF DISPUTE PURSUANT TO SECTION 18, OTHERWISE ATTEMPT TO COMMENCE AN ARBITRATION, OR FILE A COMPLAINT IN COURT, WHICH RAISE SIMILAR CLAIMS, AND COUNSEL FOR STS CUSTOMERS BRINGING THE CLAIMS ARE THE SAME OR COORDINATED FOR THESE CUSTOMERS, THE CLAIMS SHALL PROCEED IN ARBITRATION IN A COORDINATED PROCEEDING. IN THE FIRST STAGE, 50 ARBITRATIONS WILL PROCEED AND COUNSEL FOR THE STS CUSTOMERS AND COUNSEL OF STS SHALL EACH SELECT 25 CASES TO PROCEED FIRST IN ARBITRATION IN INDIVIDUAL BELLWETHER PROCEEDINGS BEFORE SEPARATE ARBITRATORS. AFTER THE FIRST STAGE IS COMPLETED, THE PARTIES MUST ENGAGE IN A MEDIATION OF ALL REMAINING CASES, AND STS WILL PAY THE MEDIATION FEE. IF THE PARTIES CANNOT AGREE HOW TO RESOLVE THE REMAINING CASES AFTER MEDIATION, THEY WILL REPEAT THE PROCESS OF SELECTING AND FILING CASES TO BE RESOLVED IN INDIVIDUAL BELLWETHER PROCEEDINGS BEFORE SEPARATE ARBITRATORS, FOLLOWED BY MEDIATION. IN THE SECOND STAGE, 80 ARBITRATIONS WILL PROCEED AND COUNSEL FOR THE STS CUSTOMERS AND COUNSEL FOR STS SHALL EACH SELECT 40 CASES TO PROCEED IN ARBITRATION IN INDIVIDUAL BELLWETHER PROCEEDINGS BEFORE SEPARATE ARBITRATORS. AFTER THE SECOND STAGE IS COMPLETED, THE PARTIES MUST ENGAGE IN A MEDIATION OF ALL REMAINING CASES, AND STS WILL PAY THE MEDIATION FEE. AFTER THE SECOND SET OF ARBITRATIONS AND MEDIATION CONCLUDE, IF THE PARTIES CANNOT AGREE HOW TO RESOLVE THE REMAINING CLAIMS, ANY INDIVIDUAL CUSTOMER WHO IS PART OF THIS COORDINATED PROCEEDING, OR STS, MAY ELECT TO OPT OUT OF ARBITRATION BY PROVIDING NOTICE TO OPPOSING COUNSEL, AND IF THE CUSTOMER WISHES TO PROCEED WITH THE CLAIM THEY FILE AN INDIVIDUAL COMPLAINT IN COURT. FOR THOSE CUSTOMERS WHO DO NOT OPT OUT OF ARBITRATION, THEIR CLAIMS WILL PROCEED IN ARBITRATION IN CONTINUED BATCHES OF 80 CLAIMS AS SET FORTH ABOVE FOR THE SECOND SET. ADDITIONAL CASES INVOLVING SIMILAR CLAIMS BROUGHT BY THE SAME OR COORDINATED COUNSEL SHALL NOT BE FILED IN ARBITRATION UNTIL THE ARBITRATIONS AND MEDIATION FOR PRIOR SETS HAVE BEEN COMPLETED. YOU AGREE TO THIS PROCESS, AND YOU FURTHER AGREE THAT THE FILING OF A COMPLAINT IN COURT WILL TOLL ALL APPLICABLE STATUTES OF LIMITATIONS FOR THAT CUSTOMER’S DISPUTE UNTIL THE COMPLETION OF THE PROCESS DESCRIBED IN THIS PARAGRAPH. A COURT WILL HAVE THE AUTHORITY TO ENFORCE THIS PARAGRAPH INCLUDING BY ENTERING AN INJUNCTION TO PROHIBIT FILINGS IN VIOLATION OF THIS PARAGRAPH.

19. LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY LAW, STS AND ITS LICENSORS, SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (COLLECTIVELY, “STS PARTIES” AND EACH AN “STS PARTY”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR RELATING TO: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (iii) ANY SERVICES PURCHASED OR OBTAINED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.

NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY IN THESE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ANY STS PARTY ARISING FROM OR RELATED TO THE SERVICES OR THE PRODUCTS, WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHERWISE, SHALL NOT EXCEED THE SUMS PAID BY YOU TO STS UNDER THESE TERMS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME THE CAUSE OF ACTION AROSE. THIS SECTION IS IN ADDITION TO, AND DOES NOT LIMIT OR REPLACE, THE EXCLUSION OF DAMAGES SET FORTH IN THE PRECEDING PARAGRAPH OF THIS SECTION 19.

20. YOUR RESPONSIBILITY TO BACK-UP DATA

You agree that prior to STS offering any of its Services to you, it is your responsibility to back-up the data, software, information or other files stored on your computer disk drives, peripherals, and/or on any other electronic storage device. You agree that STS shall not be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, or other media.

21. DISCLAIMER OF WARRANTIES

EXCEPT WHERE PROHIBITED BY LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. STS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES STS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STS OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

22. MISCELLANEOUS

(a) Entire Agreement/Severability. These Terms constitute the entire agreement between you and STS regarding the use of the Site. Any failure by STS to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.

(b) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without STS’s prior written consent. Any attempted or unauthorized assignment shall be null and void. These Terms may be assigned by STS without restriction. These Terms are binding upon any permitted assignee.

(c) Notifications. STS may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, hard copy, or posting of such notice on the Site.

(d) Jurisdiction. These Terms of Use shall be construed, interpreted and performed exclusively according to the laws of the State of Illinois, without giving effect to any principles of conflicts of law.

23. CONTACT INFORMATION

If you have any questions on these Terms, please contact us:

Mailing Address: 1811 Stoddard Ave. Wheaton, IL 60187

Email: info@seniortechsupport.net