Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Friendly IT & Tech LLC, 518 Park Drive, Springfield, MA 01106.
• Goods refer to the items purchased on Your behalf for Repairs, Upgrades, or other services.
• Orders mean a request by You to purchase Goods or Services from Us.
• Service refers to the use of the Website, or provided assistance, support, repairs, or other applicable services.
• Website refers to Friendly IT & Tech, accessible from https://www.friendlyit.tech
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

1. Your Order Cancellation Rights

You are only entitled to cancel Your Order of Goods placed on your behalf within a timeframe laid out by the Third Party from which the order was placed. If a request for cancellation occurs outside of a window of time whereupon such a request could reasonably be executed, We reserve the right to decline your request.

The deadline for cancelling an Order is solely based on the Third Party Site, Store, Vendor, or person from which Goods are sourced. In order to exercise Your right of cancellation, You must inform Us of your decision by means of a clear statement. You can inform us of your decision by:

• Email: info@friendlyit.tech
• Phone: (413) 354-3966

We will reimburse You no later than 14 days from the day on which We receive notice of the Cancellation of Your Order AND your Payment for said Order was received.

2. Conditions for Returns

Due to the nature of Our Services, we are not able to offer Returns once you have taken ownership of your Goods. However, in extenuating circumstance following reasonable displeasure of Services Provided, a suitable replacement may be requested. A reasonable attempt at returning Your Goods to their original Third Party source will be made, but there will be no guarantee of a refund. If a Return is possible, and a Refund is provided to Us on Your behalf, you will receive the full amount in said Refund, minus any fees we incurred as a part of processing your payment.

3. Conditions for Refunds

Due to the Nature of Our Services, Refunds may only be given under special circumstance. Any circumstance not explicitly laid out below should be considered ineligible for a Refund.

• 3a. A personal, state, federal, or natural emergency has occurred on Your or Our behalf rendering pre-paid services impossible to provide, and no follow up is possible or requested.
• 3b. To avoid renewal charges on software subscriptions purchased from Us, cancellation must be requested at least 7 days prior to the renewal date. If You provide proper notice and are charged due to a processing error on Our part, a full refund will be provided.
• 3c. Cancellation requests made with less than 7 days notice may not prevent renewal charges, and any refunds are subject to the sole discretion of the Owner.

1. Third-Party Websites and Content

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites"), as well as the content of those websites ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not in any way legally associated with us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

2. Privacy Policy

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States.

We NEVER share your information with ANYONE, unless you explicitly request us to do so on your behalf, and grant Us express permission as a part of the provision of Services.

Any data of Yours that is encountered while providing Services is never stored, saved, copied, or backed up to personal or business storage devices. On occasion, Your data may be briefly transferred through our systems during requested back up, Hard Drive Cloning, Data Recovery, or similar services. However, as mentioned above, none of this is ever stored, saved, copied, or backed up to personal or business storage devices.

3. Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.

1. Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration.

2. Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes.

Except as otherwise provided herein, the arbitration will take place in Hampden County, Massachusetts. Except where otherwise required by the applicable AAA rules or applicable law, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

In no event shall any Dispute brought by either Party related in any way to the Site or Services Rendered be commenced more than one (1) year after the cause of action arose.

3. Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

4. Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.