THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS") CONSTITUTE A LEGAL AND ENFORCEABLE CONTRACT BETWEEN SYMANTEC CORPORATION AND/OR ITS SUBSIDIARIES ("SYMANTEC") AND YOU, FOR USE OF SYMANTEC SUPPORT SERVICES WHICH YOU SELECTED OR INITIATED ON THE SYMANTEC WEBSITE ("SITE") LOCATED AT http://www.symantec.com/norton/support/index.jsp (THE "SUPPORT SERVICES"). IF YOU ARE LOCATED IN THE AMERICAS, "SYMANTEC" MEANS SYMANTEC CORPORATION, IF YOU ARE LOCATED IN THE ASIA PACIFIC RIM OR JAPAN, "SYMANTEC" MEANS SYMANTEC ASIA PACIFIC PTE LTD, OR IF YOU ARE LOCATED IN EUROPE, THE MIDDLE EAST OR AFRICA, "SYMANTEC" MEANS SYMANTEC ASIA LIMITED. "YOU" OR "YOUR" REFERS TO THE INDIVIDUAL WHO IS UTILIZING THE SUPPORT SERVICES. THE POLICY AND MATERIALS SPECIFICALLY REFERRED TO IN THE TERMS ARE INCORPORATED INTO THE TERMS BY REFERENCE. BEFORE YOU CLICK ON THE "I ACCEPT" BUTTON OR OTHERWISE INDICATE ASSENT FOR CONTINUING TO USE THE SUPPORT SERVICES, PLEASE READ THE TERMS BELOW CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS, THEN SYMANTEC IS UNWILLING TO PROVIDE THE SUPPORT SERVICES TO YOU, IN WHICH CASE YOU SHOULD CLICK THE "CANCEL" OR OTHER SIMILAR BUTTON, OR OTHERWISE INDICATE REFUSAL AND NOT USE THE SUPPORT SERVICES. BY CLICKING ON THE "I ACCEPT," OR "CONTINUE" BUTTON OR BY YOUR USE OF THE SUPPORT SERVICES, YOU ARE DEEMED TO HAVE ACCEPTED AND CONSENTED TO BE BOUND BY THE TERMS.
1. Support Services
1.1. Support Service Overview.
A. Introduction. Symantec shall provide the Support Services as set forth in the Terms. Symantec's service representative will attempt to provide to You the Support Services over the telephone, through a live chat session on Your device or by email. Symantec may, at its discretion, modify the features or descriptions of the Support Services from time to time.
B. Support Software Tool and Remote Access. During the Support Services session, Symantec may (i) ask You to install certain support software on Your device by downloading the support software from the Site and/or (ii) ask for Your permission to use the remote assist tool through the Symantec service representative to enable Symantec to remotely access and take control of Your device. Both the support software and remote assist tool are owned by Symantec or its third party licensors and suppliers and may be collectively referred to as the "Support Software Tool" in the Terms. The Support Software Tool will be used to analyze, diagnose, resolve more difficult problems and/or provide system optimization functions. You may use the Support Software Tool only as part of or for use with the Support Service and for no other purpose. By electing to receive support, You agree to allow Symantec to use whatever Support Software Tools as deemed necessary to repair Your device, including remote access. You understand that if remote access is used on Your device, there will be no residual software from the remote session. You also understand that if You elect to install the Support Software Tool on Your device, by downloading the Support Software Tool, You agree to use the Support Software Tool in accordance with the Symantec Support Software Tool Usage Agreement located at https://www.symantec.com/content/dam/symantec/docs/eulas/licensing-agreement/norton-support-tools-license-agreement-en.pdf (the "Support Software Tool Usage Agreement"). In such case, You shall cease use of the Support Software Tool and remove it from Your device at the end of the Support Services support session.
1.2. Commercially Reasonable Effort.
A. Symantec will make every reasonable effort to troubleshoot or fix Your device’s problem. If Symantec is unable to resolve Your device’s problem, You may still be liable for charges for time spent by Symantec's service representative in an attempt to correct a problem depending on the type of service or product initially purchased.
B. In the course of providing the Support Services, Symantec may determine that the issue is beyond the scope of Support. Symantec may use commercially reasonable efforts to refer You to the appropriate alternative resource; however, Symantec will not transfer You directly to an alternate resource. Symantec reserves the right to refuse, suspend or terminate any of the Support Services in its sole discretion.
2. Representation by Customer
2.1. Basic Responsibilities. You agree that You are a legal license holder of the software on Your device and Your use of the Support Services and the internet is solely at Your own risk. To receive the Support Services, You must confirm that You (a) have full access to Your hardware and Supported Product(s) that are the basis of the problem, and (b) have completed a back-up of any software or data that may be impacted by the Support Services. All information that You provide to Symantec must be accurate, including Your name, address, credit or charge card numbers, expiration dates or any other payment information required by Symantec. You further represent that You authorize Symantec to bill the charges to the credit card that You provide to Symantec.
2.2. Liability Release. Symantec will have no liability for loss of or recovery of data, programs, or loss of use of systems(s) or networks arising out of the Support Services or any act or omission, including negligence, by Symantec and/or its representatives. If Symantec works with You on any password or other access control oriented problems, Symantec strongly recommends that You reset such passwords(s) immediately following the completion of the Support Services.
2.3. No Transfer. The Support Services are not transferable. You may not use the Support Services in connection with a service bureau or any other distributing or sharing arrangement, on behalf of any third parties or with respect to any hardware or software not personally owned by You.
3. Privacy; Data Protection
When you request Support, the following information will be collected and sent from your device to Symantec via an Internet connection:
- The information entered by you into Symantec's online interface when requesting the Support
- The type and version of operating system and Internet browser used by your device
- System information such as operating system, and memory and disk space
- Installed program and active processes information
- Application log file information and registry data The information described above is collected for the purpose of analyzing, diagnosing and resolving the problem you've encountered, and may be transferred to the Symantec group in the United States or other countries that may have less protective data protection laws than the region in which you are situated (including the European Union), but Symantec has taken steps so that the collected information, if transferred, receives an adequate level of protection.
Symantec may disclose the collected information if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process. In order to promote awareness, detection and prevention of Internet security risks, Symantec may share certain information with research organizations and other security software vendors. Symantec may also use statistics derived from the information to track and publish reports on security risk trends.
4. Other Important Information
4.1. Disclaimer of Warranty. SYMANTEC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SYMANTEC MAKES NO WARRANTIES THAT: (I) THE SUPPORT SERVICES AND/OR SITE WILL MEET YOUR REQUIREMENTS; (II) THE SUPPORT SERVICES AND/OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SUPPORT SERVICES AND/OR SITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY SUPPORT SERVICES, PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SUPPORT SERVICES AND/OR SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SUPPORT SERVICES AND/OR SITE WILL BE CORRECTED. ANY SUPPORT SOFTWARE TOOL, MATERIALS AND/OR DATA DOWNLOADED OR OTHERSWISE OBTAINED BY YOU THROUGH THE USE OF THE SUPPORT SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE SUPPORT SOFTWARE TOOL IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY AND PROVIDED IN ACCORDANCE WITH THE SUPPORT SOFTWARE TOOL USAGE AGREEMENT. SYMANTEC DOES NOT WARRANT THIRD PARTY PRODUCTS.
4.2. Limitation of Liability. SOME STATES AND JURISDICTIONS INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE PROVISION OF SUPPORT SERVICES EVEN IF SYMANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE GREATER OF THE PRICE YOU PAID FOR THE SUPPORT SERVICES OR SIXTY-NINE DOLLARS AND NINETY-FIVE CENTS (U.S. $69.95) OR EQUIVALENT AMOUNT IN THE APPLICABLE CURRENCY.
4.3. Proprietary Rights. Symantec retains ownership of all proprietary rights in the Support Services and in all trade names, trademarks and service marks associated or displayed with the Support Services. You will not remove, deface or obscure any of Symantec’s copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Support Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any Support Software Tool with the Support Services.
4.4. Force Majeure. Symantec shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Symantec's reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of any such delay, Symantec may be excused from such performance to the extent it is delayed or prevented by such cause.
4.5. Export Regulation. You acknowledge that the Support Services, Support Software Tool and related technical data and services (collectively "Controlled Technology") may be subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. All Symantec product is prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
4.6. Dispute Resolution. Symantec believes that most disagreements can be resolved informally and efficiently by contacting Symantec customer support. If You are a U.S. customer, and the dispute is not resolved through Symantec customer support, You and Symantec agree that any such dispute, claim or controversy arising out of or relating in any way to the Symantec products and services associated with the Terms (a “Claim”), shall be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction as follows:
A. Small Claims Court: You may elect to litigate your Claim in small claims court if all the requirements of the small claims court are satisfied, including any limitations on jurisdiction and the amount at issue in the dispute. You agree to bring a Claim in small claims court in your county of residence or in the Superior Court of California, County of Santa Clara.
B. Arbitration: Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows 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, by agreeing to the Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that You and Symantec are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of the Terms.
i. Notice of Claim: If You elect to seek arbitration, You must first send to Symantec, by certified mail, a written Notice of Your Claim ("Notice of Claim"). The Notice of Claim to Symantec should be addressed to: General Counsel, Symantec, Inc., 350 Ellis Street, Mountain View, CA 94043 and should be prominently captioned “NOTICE OF CLAIM”. The Notice of Claim should include both the mailing address and email address you would like Symantec to use to contact you. If Symantec elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to Your billing address on file. A Notice of Claim, whether sent by You or by Symantec, must (a) describe the nature and basis of the claim or dispute; (b) set forth the specific amount of damages or other relief sought ("Demand"); and (c) whether You reject any subsequent modification of the Dispute Resolution section by Symantec (see Section 4.6(B)(v)).
ii. Arbitration Proceedings: If You and Symantec do not reach an agreement to resolve the claim within 30 days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form notice and a form to initiate arbitration at www.adr.org. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association (“AAA”) (collectively, the "AAA Rules"), as modified by the Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision.
Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds US10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either US500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
iii. Arbitration Fees: If Your claim for damages does not exceed $10,000, Symantec will pay all fees imposed by the AAA to conduct the arbitration, including reimbursement of Your initial filing fee, unless 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)). If Your claim for damages exceeds $10,000, standard AAA Rules will govern the payment of all AAA fees, including filing, administration and arbitrator fees.
iv. Class Action Waiver: YOU AND SYMANTEC 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 Symantec agree otherwise, the arbitrator may not consolidate more than one person's claims with Your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
v. Modification of Dispute Resolution Section: If Symantec changes this “Dispute Resolution” section after the date You first accepted these Terms, and You have not otherwise affirmatively agreed to such changes, You may reject any such change by so stating within Your Notice of Claim. By failing to reject any changes to this Dispute Resolution section in Your Notice of Claim, You agree to resolve any Claim between You and Symantec in accordance with the terms of the Dispute Resolution section in effect as of the date of Your Notice of Claim. Current versions of service agreements for Symantec services can be found at http://www.symantec.com/about/profile/policies/eulas/.
5.1. Governing Law. The Terms will be governed by the laws of the State of California, United States of America.
5.2. Entire Agreement. The Terms are the entire agreement between You and Symantec relating to the Support Services and: (i) supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevail over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. The Terms shall terminate immediately upon Your breach of any term contained herein and You shall cease use of the Support Services. The disclaimers of warranties and damages and limitations on liability set forth in the Terms shall survive termination. Should You have any questions concerning the Terms, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Customer Service, 555 International Way, Springfield, OR 97477, U.S.A., (ii) Symantec Support Services, PO Box 5689, Dublin 15, Ireland, or (iii) Symantec Customer Service, 1 Julius Ave, North Ryde, NSW 2113, Australia, or visit the support page for Your country or region, which can be located at http://www.symantec.com/globalsites/index.jsp. Symantec may change or update the Terms at any time by posting modified terms on the Site. You can review the most recent version of the Terms at anytime on the Site and it is Your responsibility to routinely review the Terms.