Thank you for using Assist by AOL (the “Service”).
BY ACCESSING AND USING THE SERVICE, YOU SIGNIFY BY ELECTRONIC MEANS YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS (the “Terms”). If you do not agree, you may not use the Service.
NOTICE OF ARBITRATION AGREEMENT
SECTION 9 OF THE OATH TERMS OF SERVICE SETS FORTH LIMITATIONS OF OATH'S LIABILITY.
U.S. USERS: THE OATH TERMS OF SERVICE CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVER CLAUSES IN SECTION 14.2 BELOW, WHICH ARE APPLICABLE TO ALL U.S. USERS.
Click on the links below to jump to each section of these Terms of Service:
1. Key Terms.
The OATH TERMS OF SERVICE (the “TOS”) combined with the supplemental terms below collectively govern your use of the Service (the “Terms”). If your plan includes Assist Device Repair and Replace, the AOL PC Protection Benefit Plan - Terms and Conditions for a Single Qualifying Product also apply. We may change these Terms from time to time. Your ongoing use of the Service after we post or notify you of the changes signifies your agreement to the updated Terms. If you do not agree, you must discontinue your use of the Service.
2. The Service.
We may modify or discontinue the Service or any feature of the Service at any time and without liability to you. You may access and use the Service only for your own use.
3. Authorization to Access Your Computer.
In order to benefit from the Service, you will need to download diagnostic tools provided by our vendors and us and give us access to your computing device (your “Device”). Specifically, you agree that we may (i) download diagnostic software to your Device, (ii) gather system data, (iii) take remote control of your Device and (iv) access or modify your Device settings. You authorize us to connect to your Device and use diagnostic software to gather system data, repair your Device, remove, disable or delete from your device code or data identified by the Service as being harmful, take remote control of your Device and change the settings on your Device while we perform the Service.
4. Your Responsibilities.
You accept certain responsibilities and risk when you use the Service. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP ALL DATA, APPLICATIONS AND SOFTWARE ON YOUR DEVICE BEFORE YOU ACCESS AND USE THE SERVICE. You may not transfer, loan, give or sell access to your account to anyone outside your household. We may as we determine in our sole discretion deny the Service to any unauthorized user.
YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF YOUR DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF THE SERVICE.
You must cooperate with us and promptly respond to our requests for information and to take such actions as we recommend to you when we provide you the Service.
5. We May Monitor Our Performance.
6. Delivery of the Service.
We will use commercially reasonable efforts to provide the Service and make available to you during reasonable hours our technical experts to resolve your problems. However, you acknowledge that the Service may not be successful at all times because the problem may be beyond our ability to resolve it remotely or there may be compatibility issues with your Device. WE MAKE NO OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE PROVIDE THE SERVICE “AS IS” AND YOU ASSUME ALL RISKS WITH THE SERVICE. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU FOR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-MONTH PERIOD.
If you receive the Service at no additional charge as part of an AOL Advantage plan, your use of the Service will be subject to the usage limits described in the plan. You may not attempt to gain unauthorized access to the Service, user accounts, computer systems, databases or networks connected to the Service through hacking, password mining, reverse engineering our protocols or any other means. The Service is limited to bona fide requests for assistance, and excessive, abusive or frivolous claim are prohibited.
Any diagnostic software that we may provide to you is licensed, not sold. You must agree to the license terms presented by our vendors or us with the software in order to use the Service. You agree that we may download and utilize Software from third party Web sites and accept any applicable license agreements on your behalf. You may use the Software only in connection with the Service and for no other purpose. We may remove any Software downloaded to your Device during the Service after we have completed or terminated the Service, although we have no obligation to do so. Your use of the Software must comply with all export control laws. Our vendors and we retain all ownership rights in the Service and any software provided to you.
You agree to pay for all subscriptions and purchases you make from us. If you make a purchase for a single session, you must use your service credit within 30 days after making your purchase. See detailed Terms regarding Fee-Based Services and Billing in Section 11 of the Oath Terms of Service.
If you receive access to the Service as a gift (a “Gift”), you understand and agree that these Terms are binding on you. Gifts are not redeemable for cash, cannot be resold, exchanged or transferred for value, cannot be combined with any other offer, and cannot be exchanged for another Gift or subscription. There is no refund or other credit given for Gifts that are not redeemed. Although Gifts can be terminated by a user at any time, there is no refund or credit for partial use of the Gifts. Gifts expire upon the terms stated in a specific Gift. Gift subscriptions and their use are void where prohibited by law.
We may terminate the Service at any time. You may terminate the Service by canceling your subsequent subscription plan with us. You are not entitled to a refund if you cancel any pre-paid plans. In addition, any inappropriate activity or abuse of the Service (as determined by us in our sole discretion), whether or not specifically listed in these Terms, may result in suspension or termination of your access to and use of the Service.
12. How to Resolve Disputes with Us.
13. General Terms.
These Terms have the same effect as an agreement in writing. You agree we may provide you updates about these Terms and the Service electronically, such as by posting them on the Service or sending you an email. You must have Internet access and a standard Internet browser to review these Terms. You may print these terms if you have a printer connected to your device. If you do not want to transact with us electronically, you must cancel your Service.
Last updated: March 20, 2019