ServicesTermsConditions

THAT TECH JEFF TOTAL TECH SUPPORT   TERMS OF SERVICE

  1. The Plan.  These terms (“Terms”) govern and describe the technical support, services, and special pricing that we will provide under the That Tech Jeff subscription Plan (“Plan”).  We will provide these services and benefits to (1) the person who purchased the Plan (“Purchaser”) or to the person that activates and subscribes to a Plan (“Subscriber”); the location of the primary

residence or business associated with this Plan must be in the U.S. (“Service Address”). The words “we”, “us”, “our” and “That Tech Jeff” refer to That Tech Jeff Stores, L.P. and/or its affiliates and its or their employees or third-party service providers, as the case may be. “You” or “your” refers to each of the Members.  

We will provide the support and services to you described in these Terms for your consumer electronics and appliances regardless of where these products were purchased. However, this Plan is not a guarantee, warranty, or extended warranty that your products will not contain defects or that we can repair any item or that we will replace or provide a refund of your product’s purchase price in the event your product cannot be repaired.  

  • What the Plan Includes.  

a. Online-based Support. Subject to these Terms, particularly Sections 3 and 4, we will provide the following standard-level in-store, phone, or web technical support and services, as applicable:

  • Set-up of computer, tablet, printer, email, and digital imaging devices;
    • Installation of computer software and operating system; 
    • Computer password reset;
    • Software troubleshooting and repair;
    • PC virus removal;
    • Data transfer, data back-up, and creation of restore CD/media;
    • Data recovery estimate and level 1 data recovery (i.e., recovering deleted files), performed only if you bring your device into the store;
    • Computer tune-up;
    • Up to 30 minutes of online training relating to your computer, tablet, or mobile phone; 
    • Set-up of home network and connecting devices including smart home, appliances and home theater products to a home network; 
    • Diagnosis and troubleshooting for computer, printer, home network, connected home, home theater, and appliance issues; and 

At our discretion, certain other discounts, benefits, or privileges may be extended to you from time to time for being a Member.

  • What Is Not Covered?  
  1. Server support including but not limited to any server administration and set-up, server software applications/OS installation and support or server diagnostics and tune-ups.
    1. Damage to or loss of any software or data that was residing or recorded on your devices and/or equipment.
    1. We may not be able to fix a problem if you refuse to upgrade your operating system or software.  
    1. The Plan does not otherwise cover hardware failure.
    1. Support for issues caused by or related to services provided by a third party, such as cable or internet. 
    1. This Plan is not intended to provide support for product categories that That Tech Jeff does not sell (e.g., spa and pool automation systems, medical devices, power tools, lawn and garden), however, at our discretion, we may attempt to provide reasonable assistance to you.  
    1. In addition to the exclusions and restrictions specifically mentioned in these Terms, the services and support covered by this Plan are subject to any applicable descriptions for each service provided on That Tech jeff.com or other written scope document applicable to a particular service, which we will make available to you upon your request.
    1. In some limited situations, a particular service may not be available in your area.     
  • How to Obtain Service.   You may schedule service by accessing the That Tech Jeff website, That Tech Jeff.com 24 hours a day, 7 days per week; or by calling us at 1-805-364-5284 Monday through Friday 8am to 5pm.  Service performed will be provided during normal business hours.  Service will be performed by That Tech Jeff.  We may use tools we deem necessary for our technical support and services, including for obtaining remote access, and may install software that allows you to obtain additional technology services. For any software installations, you authorize us to accept End User License Agreements on your behalf.   
  • Your Responsibility to Back-Up Data.  Prior to us servicing your device or any other equipment, if applicable, it is your responsibility to (1) back-up the data, software, information, or other files stored on your hard disk drives or any other data storage device; and (2) remove and/or disconnect all USB flash drives, optical discs, external hard drives, and other removable data storage devices and media from your device or other equipment that you provide to us.  At your request, as explained in Section 2(a) above, we will back-up the data on your device.
  • Your Other Responsibilities.  To receive service or support under any Plan, you agree to comply with each of the terms and conditions listed below and as otherwise stated in these Terms: 
  1. To receive web-based remote technical support, you will need to provide a high-speed internet connection.
    1. You will provide information about the symptoms and causes of the issues you are experiencing. 
    1. You will respond to our requests for information such as the product serial number, model, version of the operating system and software installed, any peripherals devices connected or installed on the product, any error messages displayed, the actions which were taken before the product experienced the issue, and the steps taken to resolve the issue.
    1. To receive certain services, you may be required to sign a service order or other terms and conditions.   Any such other terms and conditions do not form a part of these Terms and are a separate legal document.  
    1. You must provide a safe, non-threatening environment for us to provide technical support and/or services. 
  • Eligibility for Service; Transferring the Plan.  At our discretion, we may ask questions and take steps to verify that the person seeking support or service is a Member and/or is in lawful possession of the product(s) for which that person is seeking assistance.  If responsibility for the Plan has changed or the Service Address associated with the Plan has changed, we will, without charge, update our records to reflect the transfer of responsibility or change as the case may be.  The original purchase receipts and any service receipts should be transferred to the

new owner and/or Service Address.  You may call 1-805-364-5284 to transfer the Plan. The person to whom you transfer the Plan will need to establish and maintain a My That Tech Jeff subscription in accordance with Section 6 above. 

  • When the Plan Begins and Ends; Types of Plans.The Plan begins on the date it is initially.  The Plan ends as explained below depending on what type of Plan was purchased (the “Service Period”). The Purchaser’s payment receipt or the email we will send to him/her confirming purchase will identify which type of plan was purchased.   
  1. Continuous Monthly Plans. If the Purchaser paid for a month-to-month Plan, the Plan will continue indefinitely on a month-to-month basis until it is cancelled. Until the Plan described in this paragraph is cancelled, the Purchaser authorizes us to charge his/her credit or debit card at the beginning of each monthly billing period the then-current price for the Plan.
  • Continuous Yearly Plans. 

If the Purchaser paid for a year-to-year Plan, the Plan will continue indefinitely on a year-to-year basis until it is cancelled. Until the Plan described in this paragraph is cancelled the Purchaser hereby authorizes us to charge his/her debit or credit card at the beginning of each yearly billing period for the then-current price for the Plan, subject to us giving notice to the Purchaser of any price changes as per Section 12(g) below.  Prior to the beginning of each yearly billing period we will send the Purchaser a reminder that his/her credit or debit card will be charged at the start of the upcoming yearly billing period unless the Plan is cancelled.

  • Cancellation; Renewal; and Change of Terms or Plan Price.  
  1. How to Cancel. The Purchaser or Subscriber, as applicable, may cancel the Plan at any time by calling 1-805-364-5284.  We may also provide a self-service, online method of cancelling.     
  • Cancellation within 30 Days. As described in Section 12(d) below, the Purchaser may cancel the Plan and obtain a refund in the amount paid for the Plan if the cancellation occurs within 30 days of the date of purchase of the Plan, unless the Purchaser is entitled to a longer return period under some other That Tech Jeff program, offer, or policy.  The Purchaser may also cancel a Continuous Yearly Plan and obtain a refund in the amount paid for the renewal term if the cancellation occurs within 30 days of the renewal date.  At our discretion, we may deduct from any refund the value of membership discounts or services already provided. 
  • Cancellation after 30 Days. 
  1. Continuous Monthly Plan.  If the Purchaser cancels a Continuous Monthly Plan at any time after the first 30 days, the cancellation will take effect at the end of the monthly billing period that has already been charged.  The cancellation will prevent the Purchaser from being charged for any further monthly billing periods.  
  • Continuous Yearly Plan.  If the Purchaser cancels a Continuous Yearly Plan at any time after the first

30 days, we will issue the Purchaser a refund for any full months remaining under the then unexpired term only if no services have been provided.    

  1. Cancellation of Activated Membership before 30 Days.  If a Gifted Plan membership has already been activated and, accordingly, the membership has started, the Subscriber may cancel the Plan and obtain a That Tech Jeff gift card equal to the purchase price of the Plan if the cancellation occurs within 30 days of the date of the Plan start date.  At our discretion, we may deduct from any refund the value of membership discounts or services already provided.
  • Cancellation of Activated Membership after 30 Days.  If the Subscriber cancels at any time after the first 30 days from the Plan start date, we will issue the Subscriber a pro-rated That Tech Jeff gift card of the price paid for any full months remaining under the then unexpired term only if no membership discounts or services have been provided.    
  • Cancellation or Suspension of Service by Us.  The Plan you purchased may be cancelled by us due to the failure to maintain a My That Tech Jeff subscription as provided in Section 6, your failure to comply with or fulfill any other material obligation under this Plan (e.g., business having more than three employees at the Service Address), your fraud or material misrepresentation, unsafe work environment/conditions as determined by us, or your nonpayment of the annual fee if you purchased an Continuous Yearly Plan, the monthly fee if you purchased a Continuous Monthly Plan, or other amounts owed to us under the Plan (“Non-Payment Event”).  If a Non-Payment Event occurs, we will provide the Purchaser written notice (e.g., email) of the Non-Payment Event.  If you do not cure the Non-Payment Event within 30 days after delivery of our notice of such Non-Payment Event, then (i) if you purchased a Continuous Yearly Plan, it will be cancelled retroactively to midnight on the last day of the preceding annual period, or (ii) if you purchased a Continuous Monthly Plan, it will be cancelled retroactively to midnight on the last day of the month for which you made the last monthly payment. If we cancel a Continuous Yearly Plan, the Purchaser will receive a pro-rata refund of the price paid for such Continuous Yearly Plan based on the percentage of its then unexpired term, less our costs of all services, replacement products, and parts we previously provided during the then current term.  We may also suspend performance of our obligations while a Non-Payment

Event exists or any other situation where you failed to pay us an amount that is due or where you failed to comply with or fulfill any other material obligation under this Plan.  

F. Renewals.  CONTINUOUS MONTHLY OR YEARLY PLANS.  AS EXPLAINED IN SECTION 11 ABOVE, YOUR CONTINUOUS OR MONTHLY PLAN WILL CONTINUE

INDEFINITELY ON A MONTH-TO-MONTH OR YEAR-TO-YEAR BASIS, AS APPLICABLE, UNTIL

CANCELLED OR NOT RENEWED BY YOU OR US IN ACCORDANCE WITH THESE TERMS.  At our

discretion, we may discontinue the renewal of your Continuous Yearly or Monthly Plan on at least 30 days’ prior written notice or offer you a new service contract.  For Continuous Yearly Plans, we will remind you in advance of the renewal of your plan by sending a message to the e-mail address that you have provided to us.  Subject to our responsibility to inform you in advance of a change in price provided in Section 12(g) below, your designated payment card will be charged the amount of the then-current price of the Plan if you do not cancel a Continuous Monthly Plan or Continuous Yearly Plan prior to the applicable renewal date.                  

  • Change of Terms or Plan Price.  We reserve the right to change these Terms or the price of the Plan at any time upon 30 days’ notice to you. If we make a material change to these Terms, you may cancel the Plan prior to such changes taking effect and we will give you a pro-rata refund for any prepaid amounts.    
  • Communications.  We will send communications to you regarding cancellations, renewals of Continuous Yearly Plans, and changes in terms or price to the e-mail address that you have provided to us.  It is your responsibility to contact us at 1-805-364-5284 to update your e-mail address if necessary.  
  1. Privacy Policy.  It is our policy to respect the privacy of our customers.  For information on our privacy practices, please review our privacy policy at www.thattechjeff.com/Privacy. 
  1. Limitations of Service.  We shall not be liable for any failure or delay in performance due to any cause beyond our control.   We may refrain from providing the service and instead refund your payment, wholly or in part, on the basis that the minimum system requirements are not met or if your technical needs or other requirements are unusual or extensive and beyond the scope of these Terms, as determined by us.
  1. Disclaimer of Warranties.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE MAKE NO WARRANTIES OF ANY KIND,

WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  WE MAKE NO WARRANTY

THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY,

SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED

FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED

THROUGH THE SERVICE.  YOUR USE OF THE SERVICE AND ANY MATERIAL AND/OR DATA DOWNLOADED OR

OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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 US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

16. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR

CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR

REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY

LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM OUR OBLIGATIONS UNDER THESE TERMS; AND

  • OUR TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE OF THE PLAN INCLUDING TAXES.  

THE LIMITATIONS IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY CAUSED BY OUR GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD.

17. Disputes.  

You and That Tech Jeff each agree that, except as otherwise noted below, any dispute or claim arising out of or relating in any way to these Terms, or to any products or services sold or distributed by That Tech Jeff, whether instore, in your home, over the phone, or online, including, but not limited to, the advertising of or sales practices relating to such products and services, delivery, installation, and any communication, by whatever means, between you and That Tech Jeff, will be resolved by binding, individual arbitration, rather than in court. Disputes and claims that are within the scope of a small claims court’s authority are exempt from this dispute resolution provision, so long as they are brought individually.

BY AGREEING TO ARBITRATION, YOU AND THAT TECH JEFF UNDERSTAND THAT EACH IS AGREEING TO WAIVE ITS

RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND ITS RIGHTS UNDER THIS CONTRACT. THE RULES IN

ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE TERMS AS A COURT WOULD.

To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (AAA) describing your claim and serve a copy of the demand on our registered agent CT Corporation System, Inc., 100 South Fifth Street, Suite 1075, Minneapolis, MN 55402. The arbitration will be conducted by the AAA under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules and the form for filing an arbitration claim are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees (but not any attorney’s fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. Likewise, That Tech Jeff will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.

We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Any claim that all or part of this class action waiver provision is invalid or unenforceable may be determined only by a court and not by an arbitrator. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class or representative action must be brought in a court of proper jurisdiction and not in arbitration. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.

  1. Applicable Law.  THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF MINNESOTA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES OR CLAIMS BETWEEN YOU AND THAT TECH JEFF.
  1. Electronic Delivery; Notices.  You agree to receive electronic delivery of the Terms, which shall be deemed to have been delivered to you (a) when you purchased the Plan by their availability at

v; and (b) when sent to you via a link in the email address you provide to us.  Further, you also agree that we may send you any notice contemplated under the Plan by email to the email address you have provided to us or to the postal address we have on file for you.   

  • Communication.  We may call or text you at any phone number that you provide us (including any mobile number) to inform you about the status of your support or service or if your internet connection is dropped (in the event of a remote online session). Calls may be live or pre-recorded and calls or texts may be made via automated dialing system.  Voice and data rates may apply.
  • Entire Agreement.  These Terms and your purchase receipt constitute the entire agreement between you and us with respect to the services and benefits provided to you under the Plan and will prevail over any conflicting, additional, or other terms of any marketing collateral or other document or expression. Employees and agents of That Tech Jeff have NO AUTHORITY (apparent, express, implied, or otherwise) to alter or modify the terms and conditions of the Plan – either orally or in writing.
  1. The Plan.  These terms (“Terms”) govern and describe the technical support, services, and special pricing that we will provide under the That Tech Jeff subscription Plan (“Plan”).  We will provide these services and benefits to (1) the person who purchased the Plan (“Purchaser”) or to the person that activates and subscribes to a Plan (“Subscriber”); the location of the primary

residence or business associated with this Plan must be in the U.S. (“Service Address”). The words “we”, “us”, “our” and “That Tech Jeff” refer to That Tech Jeff Stores, L.P. and/or its affiliates and its or their employees or third-party service providers, as the case may be. “You” or “your” refers to each of the Members.  

We will provide the support and services to you described in these Terms for your consumer electronics and appliances regardless of where these products were purchased. However, this Plan is not a guarantee, warranty, or extended warranty that your products will not contain defects or that we can repair any item or that we will replace or provide a refund of your product’s purchase price in the event your product cannot be repaired.  

  • What the Plan Includes.  

a. Online-based Support. Subject to these Terms, particularly Sections 3 and 4, we will provide the following standard-level in-store, phone, or web technical support and services, as applicable:

  • Set-up of computer, tablet, printer, email, and digital imaging devices;
    • Installation of computer software and operating system; 
    • Computer password reset;
    • Software troubleshooting and repair;
    • PC virus removal;
    • Data transfer, data back-up, and creation of restore CD/media;
    • Data recovery estimate and level 1 data recovery (i.e., recovering deleted files), performed only if you bring your device into the store;
    • Computer tune-up;
    • Up to 30 minutes of online training relating to your computer, tablet, or mobile phone; 
    • Set-up of home network and connecting devices including smart home, appliances and home theater products to a home network; 
    • Diagnosis and troubleshooting for computer, printer, home network, connected home, home theater, and appliance issues; and 

At our discretion, certain other discounts, benefits, or privileges may be extended to you from time to time for being a Member.

  • What Is Not Covered?  
  1. Server support including but not limited to any server administration and set-up, server software applications/OS installation and support or server diagnostics and tune-ups.
    1. Damage to or loss of any software or data that was residing or recorded on your devices and/or equipment.
    1. We may not be able to fix a problem if you refuse to upgrade your operating system or software.  
    1. The Plan does not otherwise cover hardware failure.
    1. Support for issues caused by or related to services provided by a third party, such as cable or internet. 
    1. This Plan is not intended to provide support for product categories that That Tech Jeff does not sell (e.g., spa and pool automation systems, medical devices, power tools, lawn and garden), however, at our discretion, we may attempt to provide reasonable assistance to you.  
    1. In addition to the exclusions and restrictions specifically mentioned in these Terms, the services and support covered by this Plan are subject to any applicable descriptions for each service provided on That Tech jeff.com or other written scope document applicable to a particular service, which we will make available to you upon your request.
    1. In some limited situations, a particular service may not be available in your area.     
  • How to Obtain Service.   You may schedule service by accessing the That Tech Jeff website, That Tech Jeff.com 24 hours a day, 7 days per week; or by calling us at 1-805-364-5284.  Service performed at the Service Address will be provided during normal business hours.  Service will be performed by That Tech Jeff.  We may use tools we deem necessary for our technical support and services, including for obtaining remote access, and may install software that allows you to obtain additional technology services. For any software installations, you authorize us to accept End User License Agreements on your behalf.   
  • Your Responsibility to Back-Up Data.  Prior to us servicing your device or any other equipment, if applicable, it is your responsibility to (1) back-up the data, software, information, or other files stored on your hard disk drives or any other data storage device; and (2) remove and/or disconnect all USB flash drives, optical discs, external hard drives, and other removable data storage devices and media from your device or other equipment that you provide to us.  At your request, as explained in Section 2(a) above, we will back-up the data on your device.
  • Your Other Responsibilities.  To receive service or support under any Plan, you agree to comply with each of the terms and conditions listed below and as otherwise stated in these Terms: 
  1. To receive web-based remote technical support, you will need to provide a high-speed internet connection.
    1. You will provide information about the symptoms and causes of the issues you are experiencing. 
    1. You will respond to our requests for information such as the product serial number, model, version of the operating system and software installed, any peripherals devices connected or installed on the product, any error messages displayed, the actions which were taken before the product experienced the issue, and the steps taken to resolve the issue.
    1. To receive certain services, you may be required to sign a service order or other terms and conditions.   Any such other terms and conditions do not form a part of these Terms and are a separate legal document.  
    1. You must provide a safe, non-threatening environment for us to provide technical support and/or services. 
  • Eligibility for Service; Transferring the Plan.  At our discretion, we may ask questions and take steps to verify that the person seeking support or service is a Member and/or is in lawful possession of the product(s) for which that person is seeking assistance.  If responsibility for the Plan has changed or the Service Address associated with the Plan has changed, we will, without charge, update our records to reflect the transfer of responsibility or change as the case may be.  The original purchase receipts and any service receipts should be transferred to the

new owner and/or Service Address.  You may call 1-805-364-5284 to transfer the Plan. The person to whom you transfer the Plan will need to establish and maintain a My That Tech Jeff subscription in accordance with Section 6 above. 

  • When the Plan Begins and Ends; Types of Plans.The Plan begins on the date it is initially.  The Plan ends as explained below depending on what type of Plan was purchased (the “Service Period”). The Purchaser’s payment receipt or the email we will send to him/her confirming purchase will identify which type of plan was purchased.   
  1. Continuous Monthly Plans. If the Purchaser paid for a month-to-month Plan, the Plan will continue indefinitely on a month-to-month basis until it is cancelled. Until the Plan described in this paragraph is cancelled, the Purchaser authorizes us to charge his/her credit or debit card at the beginning of each monthly billing period the then-current price for the Plan.
  • Continuous Yearly Plans. 

If the Purchaser paid for a year-to-year Plan, the Plan will continue indefinitely on a year-to-year basis until it is cancelled. Until the Plan described in this paragraph is cancelled the Purchaser hereby authorizes us to charge his/her debit or credit card at the beginning of each yearly billing period for the then-current price for the Plan, subject to us giving notice to the Purchaser of any price changes as per Section 12(g) below.  Prior to the beginning of each yearly billing period we will send the Purchaser a reminder that his/her credit or debit card will be charged at the start of the upcoming yearly billing period unless the Plan is cancelled.

  • Cancellation; Renewal; and Change of Terms or Plan Price.  
  1. How to Cancel. The Purchaser or Subscriber, as applicable, may cancel the Plan at any time by calling 1-805-364-5284.  We may also provide a self-service, online method of cancelling.     
  • Cancellation within 30 Days. As described in Section 12(d) below, the Purchaser may cancel the Plan and obtain a refund in the amount paid for the Plan if the cancellation occurs within 30 days of the date of purchase of the Plan, unless the Purchaser is entitled to a longer return period under some other That Tech Jeff program, offer, or policy.  The Purchaser may also cancel a Continuous Yearly Plan and obtain a refund in the amount paid for the renewal term if the cancellation occurs within 30 days of the renewal date.  At our discretion, we may deduct from any refund the value of membership discounts or services already provided. 
  • Cancellation after 30 Days. 
  1. Continuous Monthly Plan.  If the Purchaser cancels a Continuous Monthly Plan at any time after the first 30 days, the cancellation will take effect at the end of the monthly billing period that has already been charged.  The cancellation will prevent the Purchaser from being charged for any further monthly billing periods.  
  • Continuous Yearly Plan.  If the Purchaser cancels a Continuous Yearly Plan at any time after the first

30 days, we will issue the Purchaser a refund for any full months remaining under the then unexpired term only if no services have been provided.    

  1. Return of Gifted Plan that has not been Activated.  A Gifted Plan that has not been activated can be returned by the Purchaser for a refund, or by the gift recipient for That Tech Jeff store credit equal to the purchase price, within 30 days following the purchase date. To be eligible for either a refund or That Tech Jeff store credit, the original Total Tech Support gift package must be returned to a That Tech Jeff retail store and the activation code must not be exposed.  
  • Cancellation of Activated Membership before 30 Days.  If a Gifted Plan membership has already been activated and, accordingly, the membership has started, the Subscriber may cancel the Plan and obtain a That Tech Jeff gift card equal to the purchase price of the Plan if the cancellation occurs within 30 days of the date of the Plan start date.  At our discretion, we may deduct from any refund the value of membership discounts or services already provided.
  • Cancellation of Activated Membership after 30 Days.  If the Subscriber cancels at any time after the first 30 days from the Plan start date, we will issue the Subscriber a pro-rated That Tech Jeff gift card of the price paid for any full months remaining under the then unexpired term only if no membership discounts or services have been provided.    
  • Cancellation or Suspension of Service by Us.  The Plan you purchased may be cancelled by us due to the failure to maintain a My That Tech Jeff subscription as provided in Section 6, your failure to comply with or fulfill any other material obligation under this Plan (e.g., business having more than three employees at the Service Address), your fraud or material misrepresentation, unsafe work environment/conditions as determined by us, or your nonpayment of the annual fee if you purchased an Continuous Yearly Plan, the monthly fee if you purchased a Continuous Monthly Plan, or other amounts owed to us under the Plan (“Non-Payment Event”).  If a Non-Payment Event occurs, we will provide the Purchaser written notice (e.g., email) of the Non-Payment Event.  If you do not cure the Non-Payment Event within 30 days after delivery of our notice of such Non-Payment Event, then (i) if you purchased a Continuous Yearly Plan, it will be cancelled retroactively to midnight on the last day of the preceding annual period, or (ii) if you purchased a Continuous Monthly Plan, it will be cancelled retroactively to midnight on the last day of the month for which you made the last monthly payment. If we cancel a Continuous Yearly Plan, the Purchaser will receive a pro-rata refund of the price paid for such Continuous Yearly Plan based on the percentage of its then unexpired term, less our costs of all services, replacement products, and parts we previously provided during the then current term.  We may also suspend performance of our obligations while a Non-Payment

Event exists or any other situation where you failed to pay us an amount that is due or where you failed to comply with or fulfill any other material obligation under this Plan.  

F. Renewals.  CONTINUOUS MONTHLY OR YEARLY PLANS.  AS EXPLAINED IN SECTION 11 ABOVE, YOUR CONTINUOUS OR MONTHLY PLAN WILL CONTINUE

INDEFINITELY ON A MONTH-TO-MONTH OR YEAR-TO-YEAR BASIS, AS APPLICABLE, UNTIL

CANCELLED OR NOT RENEWED BY YOU OR US IN ACCORDANCE WITH THESE TERMS.  At our

discretion, we may discontinue the renewal of your Continuous Yearly or Monthly Plan on at least 30 days’ prior written notice or offer you a new service contract.  For Continuous Yearly Plans, we will remind you in advance of the renewal of your plan by sending a message to the e-mail address that you have provided to us.  Subject to our responsibility to inform you in advance of a change in price provided in Section 12(g) below, your designated payment card will be charged the amount of the then-current price of the Plan if you do not cancel a Continuous Monthly Plan or Continuous Yearly Plan prior to the applicable renewal date.                  

  • Change of Terms or Plan Price.  We reserve the right to change these Terms or the price of the Plan at any time upon 30 days’ notice to you. If we make a material change to these Terms, you may cancel the Plan prior to such changes taking effect and we will give you a pro-rata refund for any prepaid amounts.    
  • Communications.  We will send communications to you regarding cancellations, renewals of Continuous Yearly Plans, and changes in terms or price to the e-mail address that you have provided to us.  It is your responsibility to contact us at 1-805-364-5284 to update your e-mail address if necessary.  
  1. Privacy Policy.  It is our policy to respect the privacy of our customers.  For information on our privacy practices, please review our privacy policy at www.thattechjeff.com/Privacy. 
  1. Limitations of Service.  We shall not be liable for any failure or delay in performance due to any cause beyond our control.   We may refrain from providing the service and instead refund your payment, wholly or in part, on the basis that the minimum system requirements are not met or if your technical needs or other requirements are unusual or extensive and beyond the scope of these Terms, as determined by us.
  1. Disclaimer of Warranties.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE MAKE NO WARRANTIES OF ANY KIND,

WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  WE MAKE NO WARRANTY

THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY,

SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED

FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED

THROUGH THE SERVICE.  YOUR USE OF THE SERVICE AND ANY MATERIAL AND/OR DATA DOWNLOADED OR

OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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 US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

16. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR

CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR

REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY

LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM OUR OBLIGATIONS UNDER THESE TERMS; AND

  • OUR TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE OF THE PLAN INCLUDING TAXES.  

THE LIMITATIONS IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY CAUSED BY OUR GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD.

17. Disputes.  

You and That Tech Jeff each agree that, except as otherwise noted below, any dispute or claim arising out of or relating in any way to these Terms, or to any products or services sold or distributed by That Tech Jeff, whether instore, in your home, over the phone, or online, including, but not limited to, the advertising of or sales practices relating to such products and services, delivery, installation, and any communication, by whatever means, between you and That Tech Jeff, will be resolved by binding, individual arbitration, rather than in court. Disputes and claims that are within the scope of a small claims court’s authority are exempt from this dispute resolution provision, so long as they are brought individually.

BY AGREEING TO ARBITRATION, YOU AND THAT TECH JEFF UNDERSTAND THAT EACH IS AGREEING TO WAIVE ITS

RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND ITS RIGHTS UNDER THIS CONTRACT. THE RULES IN

ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE TERMS AS A COURT WOULD.

To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (AAA) describing your claim and serve a copy of the demand on our registered agent CT Corporation System, Inc., 100 South Fifth Street, Suite 1075, Minneapolis, MN 55402. The arbitration will be conducted by the AAA under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules and the form for filing an arbitration claim are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees (but not any attorney’s fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. Likewise, That Tech Jeff will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.

We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Any claim that all or part of this class action waiver provision is invalid or unenforceable may be determined only by a court and not by an arbitrator. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class or representative action must be brought in a court of proper jurisdiction and not in arbitration. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.

  1. Applicable Law.  THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF MINNESOTA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES OR CLAIMS BETWEEN YOU AND THAT TECH JEFF.
  1. Electronic Delivery; Notices.  You agree to receive electronic delivery of the Terms, which shall be deemed to have been delivered to you (a) when you purchased the Plan by their availability at

ThatTechJeff.com/ServicesTermsConditions; and (b) when sent to you via a link in the email address you provide to us.  Further, you also agree that we may send you any notice contemplated under the Plan by email to the email address you have provided to us or to the postal address we have on file for you.   

  • Communication.  We may call or text you at any phone number that you provide us (including any mobile number) to inform you about the status of your support or service or if your internet connection is dropped (in the event of a remote online session). Calls may be live or pre-recorded and calls or texts may be made via automated dialing system.  Voice and data rates may apply.
  • Entire Agreement.  These Terms and your purchase receipt constitute the entire agreement between you and us with respect to the services and benefits provided to you under the Plan and will prevail over any conflicting, additional, or other terms of any marketing collateral or other document or expression. Employees and agents of That Tech Jeff have NO AUTHORITY (apparent, express, implied, or otherwise) to alter or modify the terms and conditions of the Plan – either orally or in writing.