Term And conditions

THESE TERMS AND CONDITIONS (“TERMS OF USE”) STATE IMPORTANT REQUIREMENTS REGAR DING YOUR USE OF “IT Fudge” WEBSITE AND “IT Fudge” COMPUTER SERVICE AND YOUR RELATIONSH IP WITH “IT Fudge”.YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INST RUCTIONS SUCH AS HOW LONG IT LASTS, FEES FOR EARLY TERMINATION, OUR RIGHTS TO CHANGE ITS CONDITIONS, LIMITATIONS OF LIABILITY, PRIVACY, SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT AND CLASS ACTION WAIVER.

IF YOU ACCEPT THIS A GREEMENT, IT WILL APPLY TO ALL YOUR SERVICE PLANS FROM US, INCLUD ING ALL YOUR EXISTING PLANS. YOU R ACCEPTANCE OF THESE TERMS & CON DITIONS WILL BE IMPLIED BY THE USE OF THE “IT Fudge” SERVICE.

“AGREEMENT”

THESE TERMS AND CONDITIONS, TOGETHER WITH EACH A CCEPTED PLAN ORDER SUBMITTED BY YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR PLAN ORDER AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND “IT Fudge” (THE “AGREEMENT”). The Plan Order will form the part of the “Agreement” only if it has been acknowledged by IT Fudge in writing or by an e- mail. You must agree to the Terms and Conditions in order to be eligible to use the IT Fudge Websites (defined below), or obtain IT Fudge Services (defined below).

DEFINITIONS

Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.

“Content”

Software, Materials, Service s and other related information are collectively referred to as “Content.”

“You” or “you”

“You” means you individually, any person, including any employer that you are acting on behalf of.
“IT Fudge Certified Technician(s)”

“IT Fudge Certified Technician means” technicians and specialists certified by IT Fudge to perform the Services under this Agreement.

“Subscription Based Plans”

“Subscription Based Plans” or “Subscription(s)” are tenured Subscription plans offered by IT Fudge that are active for a specified period and will not include any incident based plans such as “Per Incident Plan” or the like.

“Services”

All references to “Services” refer to any IT Fudge service delivered under the plan that you enter into with IT Fudge through use of the IT Fudge Websites (defined below) or by calling the IT Fudge phone number mentioned on the IT Fudge Websites. These Terms of Use govern all plans available through IT Fudge Website, and any use of the IT Fudge Websites. In the event of any conflict these Terms of Use control any valid Plan Order form that you submit re questing Services (“Plan Order”).

“IT Fudge Websites”

IT Fudge Websites includes IT Fudge, or any other owned, operated, licensed or controlled by IT Fudge LLC.

“Materials”

“Materials” means any web casts download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the IT Fudge Websites are the proprietary and copyrighted work of IT Fudge and/or its suppliers. The definition of “Materials” does not include the design or layout of the IT Fudge web site or any other IT Fudge owned, operated, licensed or controlled website.

“Software”

“Software” means a computer program of any kind, whether owned by IT Fudge or a third party, whether delivered via download, CD, other media, or other delivery method, including client and /or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both IT Fudge and third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply (“License Terms”).

“Submission of Plan Orders; Service Plans”

You may order Services by submitting Plan Orders through the IT Fudge Websites or by calling IT Fudge. Once IT Fudge accepts the Plan Order submitted by you, then you will receive an email from IT Fudge at the email address that you provide or have provided to IT Fudge as part of the Registration Process for the Services. IT Fudge is not responsible for rendering Services in connection with a Plan Order that it has not accepted. Upon acceptance by IT Fudge of a Plan Order, you will have a Service Plan.

Undertaking

Subject to the Terms and Conditions, and other terms specific to each Service Plan, IT Fudge will address your query using commercially reasonable efforts in providing appropriate solution s under the Services.

In most cases, IT Fudge will attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances including access. You understand that if access is used on your computer there will be no residual software from the session; however, there may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. All undertakings under Service Plans are subject to IT Fudge’s Limited Warranty, which is set forth below. Yo u agree to pay all Services Fee and any other applicable fee/charges as set out in the relevant Plan Order in accordance with the Payment Terms provided below.

Payment

Services against any Plan Order will be available once you have made payment for Services according to the requirement s of the corresponding Plan Order. IT Fudge has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made. You understand that certain Service Plans may have fee including, but not limited to “Service Fee” and/or “Activation Fee” payable either on an Subscription basis or or one time Fix Fee . Subject to the applicable Term Plan, all payments under the Subscription Plan shall be made upfront at time of commencement of the subscription cycle. The fee (including Activation Fee) will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order. All fee under this clause or a relevant Plan Order, is payable at the time of commencement of the Service Plan.

When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a term of one time fix , one month (“Term Plan”). All terms of Service Fee and/or any other fee payable under any mode of payment for a Subscription shall be set forth in the applicable Plan Order. Similarly, some plans may offer a discount on the Service if you sign up for other IT Fudge services (“Bundle Discount”). You agree to maintain your Service and the bundled services for the applicable term. If you signed up for a Term Plan or a Bundle Discount, the price available with those plans is valid until one of the following occurs: (1) the Term Plan expires; (2) you drop one of the IT Fudge services you were required to purchase to receive the special rate as notified to IT Fudge; or (3) You terminate the agreement/Service Plan before the expiry of the relevant term.

Credit Card Billing

You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize IT Fudge to charge and/or place a hold on your cr edit card with respect to any unpaid charges for Services or any related equipment. You autho rize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts descri bed herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize IT Fudge and/or any other company who bills products or service s, or acts as billing agent for IT Fudge to continue to attempt to charge and/o r place holds with respect to all sums described here in, or any portion there of, to your credit card until such amounts are paid in full. You agree to provide IT Fudge with updated credit card information upon IT Fudge’s request and any time t he information you previously provided is no longer valid. You acknowledge and agree that neither IT Fudge nor any Core Software Solution affiliated company will have any liability whatsoever for any non­suffi cient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a cred it card number, you authorize all charges de scribed herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enrol, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at IT Fudge option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we may, at our discretion, charge you an additional $15.00.

Renewal Policy

IT Fudge will not automatically renew any of the services/subscriptions offered to their customers.

Refund Policy

For subscription based plans, a full refund will be issued if IT Fudge has not been able to resolve even a si ngle issue for you within the first 30 days of the subscription. If there are one or more res olved issues, the fees for the Subscription Service will not be refundable.

Not with standing this IT Fudge may, at its sole discretion and on a case by case basis, agree to a refund of Subscription fees after deducting charge s for servicing the Customer.

For incident based plans, you will be eligible for refund when any of the following criterions are met:

You have all the prerequisites which were required to resolve the problem Issue was not resolved until the time account was active.

30 days have not passed after the issue was last worked upon by a IT Fudge technician

Privacy Policy

The IT Fudge’s Privacy Policy which is an integral part f these Terms and Conditions is incorporated here by reference IT Fudge If you have not yet reviewed the IT Fudge’s Privacy Policy, then please d o so prior to agreeing to these Terms and Conditions. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to IT Fudge over the telephone, electronic ally or otherwise, is not confidential or proprietary to you.

Personal and Non­Commercial Use Limitation

Unless otherwise specified, the Services, Materials and Software are solely for your personal and non- commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.

No Unlawful or Prohibited Use

As a condition of your use of the IT Fudge Websites or any Services, you will not use the Materials, Software or Services for any purpose that is unlawf ul or prohibited by these Terms of Use. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any IT Fudge server, or the network(s) connected to any IT Fudge server, or interferes with any other party’s use and enjoyment of any of the IT Fudge Websites, the Materials, Software or Services. You ma y not attempt to gain unauthorized access to any IT Fudge Websites, the Materials, Software or Services, other accounts, computer systems or networks connected to any Core Software Solution server or to any of the IT Fudge Websites, the Materials, Software or Services, through hacking, password mining or any other means.

You may not obtain or attemp t to obtain any IT Fudge Websites, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.

Fair Usage Policy; Suspension or Termination of Subscription:

Though IT Fudge has no limits on the amount of online requests a Subscription based plan user may make during the subscription period, however, each Subscriber’s use of the services for the subscription based plans are subject to IT Fudge “fair use ” policy. Under this policy, if at any time, in IT Fudge sole discretion, a subscription based plan user is found to be ab using the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, and then IT Fudge reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, IT Fudge reserves the right

IT Fudge, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to IT Fudge; provided, however, Service.Linking You may not create hyperlinks to any portion of the IT Fudge Websites, nor any Materials or Software posted there in.

Indemnity You agree to indemnify, defend, and hold IT Fudge, its sub sidiaries, affiliates, officers, directors, employee s, agents, licensors, consultants, suppliers, and any third­party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys’ fees, resulting from your violation of the material terms of these Terms of Use, any misuse or abuse of a Service, any use of the Service that amounts to infringement, or infringement by any other user of your account of any intellectual property or o ther right of IT Fudge or an y other third party. You will cooperate as fully as reasonably required in IT Fudge’s defence of any claim. IT Fudge reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemni fication by you and you shall not in any event s ettle any matter without the written consent of IT Fudge. You agree immedia ely to notify IT Fudge of account or any other breach of security known to you.

Limited Licenses to Use the IT Fudge Websites, Materials and Software

As permitted through a Service, you may use Materials and Software posted on the IT Fudge Websites, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.

General License Restrictions

Any other use of the IT Fudge Websites, Services, Material s or Software, other than as explicitly permitted b y IT Fudge is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to IT Fudge and its suppliers. Reverse engineering and recompilation of the Software is strictly prohibited.

User Responsibility

User Responsibility In connection with obtaining Services, you agree that you will:

Basic Responsibilities: You agree that you are a legal license holder of the software on your personal computer and your use of the Services and the internet is solely at your own risk. By electing to receive th e Services, You confirm that You (a) have full access to Your hardware and software that are the basis of the problem, and (b) have co mpleted a back­up onto separate media of any software or data on the hardware that may be impacted by the Services. All information that you provide to IT Fudge is accurate, including your name and address, and if applicable, any credit or charge card numbers, expiration dates or any other payment information provided by you to IT Fudge.

Liability Release: To the extent permitted by applicable law, IT Fudge will have no liability for loss of or recovery of data, programs, or loss of u se of systems(s) or networks arising out of the S ervices or any act or omission, including negligence, by IT Fudge and/or its representatives. If IT Fudge works with you on any password or other access control oriented problems, IT Fudge bly recommends that you reset s uch passwords(s) immediately following the completion of the Services.

Transfer: The Subscription­Based­Services are only transferable once during the subscription period from one computer to another provided it is owned by you. You may not use the 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.

Data Backup: IT Fudge does not provide data backup or restoration services. You are solely responsible for maintaining and backing up all information, data, text or other materials (collectively “customer data”) and software stored on your co mputer and storage media before ordering the services. You acknowledge and agree that IT Fudge or its referral partners have no responsibility or liability under any circum stance at any time for any loss or corruption of customer data, software or hardware that m ay arise out of the services. IT Fudge does not provide backup copies or sup port installation of unlicensed software to cust omers. Please ensure that you have a licensed copy of all necessary software.

Cooperate with the IT Fudge Technician: We will use commercially reasonable efforts to provide the to you. Our experience shows t hat most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician’s instructions. You must confirm that the following conditions are true:

The situation giving rise to the question is, reproducible on a single syst em, i.e., one central processing unit with its workstations and other peripherals;

You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances su rrounding the incident;

The full system, including software and hardware, is available to you and accessible by you without limit during any discu ssions with IT Fudge personnel.

Availability of Services and Materials under Force Majeure Circumstances

You hereby acknowledge that circumstances outside of IT Fudge reasonable control (e.g., acts of God, a la rge scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil di sorder, and acts of terrorism, fires, floods, v andalism, sabotage, acts of third parties, or the like) may cause significant delays in IT Fudge ability to schedule a session. You hereby release IT Fudge from any and all liability, and agree that IT Fudge shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. IT Fudge or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.

Exclusions from “Services”

“Services” shall not include th e following:

Any item or activity not covered by the terms of a Plan Order; Service beyond the duration limitations identified in your Plan Order;

Problem diagnosis that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;

Software, including the op erating system and software added to the registered hardware products which are out of scope for the Service Plan;

Problems that may and do result from:

1. External causes such as accident, abuse, misuse, or problems with electrical power; o Usage that is not in accorda nce with product instructions provided by manufacture.
2. Failure to follow the prod ct instructions provided by manufacture or failure to perform preventive maintenance.
3. Problems caused by usin g accessories, parts, or components not c mpatible with the product.
4. Non Compliance with the IT Fudge technician instructio ns for resolving the query.
5. Malfunction of hardware such as printer, power­supply, memory, processor, monitor or any other such hardware components.

Notice Specific to Materials and Software Available on the IT Fudge Websites, or Through a Service For your convenience, IT Fudge may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is go verned by the more stringent of (a) the terms of the end user license agreement (“EUL A”), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions.

The Materials and Software are made available for download solely for use by you according to (a) the EULA, and the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may r esult in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

No logo, graphic, sound or image from any IT Fudge Web site may be copied or retransmitted unless expressly permitted by IT Fudge.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPROD UCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTH ER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR R EDISTRIBUTION IS EXPRESSLY PERMITT ED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.

End User License Agreemen ts (Eula) – Generally

Inconnection with our Servic e, we may provide to you, the use of certai n software which is owned by IT Fudge or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose.

The Software may be accompanied by a EULA from IT Fudge or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.

Eula for IT Fudge Software

With regard to any Software made available to you by IT Fudge through the IT Fudge Web sites for which your acceptance of a separate license agreement is not required (“IT Fudge Software”), you are hereby g ranted a revocable, non­exclusive, non- transferable license by IT Fudge to use the IT Fudge Software (and any corrections, updates and upgrades). In acco rdance with and as required under the Service Pl an you shall not make any copies of the IT Fudge Software. You agree that t he IT Fudge Software is the confidential and proprietary information of C ore Software Solution or its third party licensors, providers or suppliers, and which you sh all not disclose to others or use except as expressly permitted herein. You may not decompile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the IT Fudge Software, or otherwise reduce the IT Fudge Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, repro duce, sublicense or distribute copies of the Softw are, or otherwise transfer the IT Fudge Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not grante d any title or rights of ownership in the IT Fudge Software. You acknowledge that this license is not a sale of intellectual property and that IT Fudge or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to th e IT Fudge Software and related documentation, as well as any corrections, updates and upgrades. The IT Fudge Software may be used only in the country of residence at the time of acceptance of these terms for use of the IT Fudge Soft ware. Export of the IT Fudge Software is strictly prohibited.

Third Party Products

As part of the Services, IT Fudge may suggest that you acquire, install and use certain third party software or services (“Third Party Software”). Third Party Software is licensed to you by the respective owners or licensees of the Third Party S oftware. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether Cor e Software Solution assists you in the acquisition, installation, and/or use of Third Party Software. IT Fudge has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software. Your license to the IT Fudge Software shall remain in full force and effect unless and until terminated by IT Fudge, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Ser vice Plan for any reason, you must cease all use of the Service Plan and the IT Fudge Software and immediately delete the IT Fudge Software from your computer. To the extent that we provide technical assistance and for Third Party Soft ware or equipment, you must ensure that yo u comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no repre sentation or warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such and if so, to acquire such rights. You acknowledge that of Third Party Software or equipment an unauthorized service provider may void an y warranty made by the supplier of such Third Party Software or equipment.

Third Party Agreements

As part of the Services, IT Fudge may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical Websites, training, music, gaming and storage services that IT Fudge may elect to make available from time to time. Violation of such third party provider’s terms of service may, in IT Fudge sole discretion, result in the termination of your customer account and use of service.

Limited Service Warranty

IT Fudge DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND T HE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THATT YOU ARE NOT SATISFIED WITH THE SE RVICES, YOUR SOLE REMEDY IS TO ( A) ALLOW gator SUBJECT TO DISPUTE,

(B) RE­DOWNLOAD AND REINSTALL THE SOFTWARE. SOME OF THE IT Fudge SERVICE PLANS COME WITH A 7­ DAY LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTAT ION FOR THOSE SPECIFIC PLANS. THIS 7­ DAY LIMITED SERVICE WARRANTY IS SUBJECT TO FULFILLMENT OF THE T ERMS FOR THE SPECIFIC SERVICE PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT IT Fudge AND/OR ITS RESPECTIVE SUPPLI ERS MAKE NO REPRESENTATIONS AB OUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SE RVICES, MATERIALS OR THE SOFTWWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE AR E PROVIDED “AS IS” WITHOUT WARRANT Y OF ANY KIND WHATSOEVER. C ORE SOFTWARE SOLUTION AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STAT UTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRI NGEMENT.

THE MATERIALS COULD INCLUDE TECHNICAL INACC URACIES OR TYPOGRAPHICAL ERRO RS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. IT Fudge AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT A NY TIME. IN NO EVENT SHALL IT Fudge AND/OR IT S RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA REVENUE OR PR OFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER ARISING OUT OF OR IN CONNECTIO N WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWAR E, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.

Limitation of Liability

Notwithstanding anything to the contrary in no event shall IT Fudge be liable to you in excess of the amou nts actually paid by you to IT Fudge under the Plan Order that is the subject of the dispute.

Limitations on Actions

Any cause of action by you must be commenced within 3 months after the cause of action arose or it shall be forever waived and barred.

Term and Termination

IT Fudge at its sole election may terminate or susp end your Service immediately without notice if, in the sole discretion of IT Fudge: (a) you are in breach of any of the Terms an d Conditions (including but not limited to all policies regarding abuse and acceptable use of t he Service) or any license for Third Party Sof tware; (b) your use of the Service is prohibited by law or is disruptive to, adversely im pacts or causes a malfunction to the Service, IT Fudge network, or the use and enjoyment of IT Fudge other users; (c) IT Fudge receiv s an order from a court to terminate the Service you are availing ; (d) if IT Fudge for any reason ceases to offer the Service; (e) if you are no longer a IT Fudge customer, or (f) IT Fudge deter mines that you are abusing the Service. IT Fudge, in its sole discretion, may refuse to accept your request for the Service, renewal or re­subscription following a term ination or suspension of your use of the Service.

Severability; Waiver

If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions con tained in the Terms of Service shall remain in full force and effect. IT Fudge failure to enforce any provision of the Terms o f Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.

No Offer

The IT Fudge Websites is available internationally and may contain references to IT Fudge products, services, and programs that are not available in a viewer’s country. These references do not imply that IT Fudge intends to make such products, services, or pro grams available in such country.”

Modification

IT Fudge reserves the right to amend the Terms and Condition, and the IT Fudge Websites at any time by (a) posting a revised version of the Terms and Conditions on t he IT Fudge Websites www.IT Fudge.com or by (b) sending inform ation regarding any amendment to the Terms of Service to the email address you provide to IT Fudge in connection with re gistration. You are responsible for regularly reviewing the IT Fudge website to be notified of any amendments to the Terms and Conditions.

ARBITRATION AND CLASS ACTION WAIVER Arbitration

The Terms will be governe d by the laws of the State of Connecticut, United States of America. The Terms are the entire agreement between You and gator Software Solut ions relating to the 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 th parties. The Terms shall terminate immediately upon your breach of any term contained here in and you shall cease use of the Services. The disclaimers of warranties and damages and limitations on liability set forth in the Terms shall survive termination. Before you take a dispute to arbitration or to small claims c ourt, you must first contact us by writing us and describing (a) the nature and basis of the Claim or dispute; and (b) the specific relief sought (“Demand”) and give us an opportunity to resolve the dispute.

Class Action Waiver

The Parties hereby expressly agree that any Claim must be brought in th e respective party’s individual capacity, and not as a plaintiff or class member in any purport ed class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties expressly waive any ability t o maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

THE PARTIES UNDERST AND THAT THEY WOULD HAVE HA D A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PA RTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUG H ARBITRATION. THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN T HIS AGREEMENT.