Terms & Conditions

For Consulting Services Terms and Conditions click here

For Block Time Services Terms and Conditions click here

For Help Desk After Hours Emergency Service click here

Your use of our Internet site or any of the products or services offered on our site (collectively, called "Services") is subject to these Terms of Use (these "Terms"). We may modify these Terms at any time without notice to you by posting revised Terms on our site. Your use of our site constitutes your binding acceptance of these Terms, including any modifications that we make.

Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

1. Restrict, suspend, or terminate your access to all or any part of our Services;
2. Change, suspend, or discontinue all or any part of our Services;
3. Refuse, move, or remove any material that you submit to our site for any reason;
4. Refuse, move, or remove any content that is available on our site;
5. Establish general practices and limits concerning use of our site.

You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that our Services may include advertisements.

Terms and Conditions
TERMS AND CONDITIONS: The Undersigned: (hereinafter “THE CLIENT”) certifies that he/she is the legal owner of the listed installation premise (hereinafter “INSTALLATION PREMISE”), and has requested that 3 Rivers Computer Solutions LLC, and/or its affiliates, (hereinafter “THE CONTRACTOR”) perform services for computer(s), networks(s), and/or other electronic systems, accessories or peripherals (hereinafter “CLIENT’S EQUIPMENT”), or perform services for and/or installation of computer/network hardware/software, wireless/satellite receiver/transmitter equipment, installation/mounting equipment, cable/wiring, and/or any additional merchandise and/or materials purchased (hereinafter “CLIENT PREMISE EQUIPMENT”) onto, with, and/or into CLIENT’S EQUIPMENT and/or INSTALLATION PREMISE, and hereby requests and authorizes THE CONTRACTOR to perform such services (hereinafter “SERVICES PERFORMED”) as specified in the applicable SERVICE ORDER. THE CLIENT understands, accepts, and agrees that, in association with SERVICES PERFORMED, there are certain risks to INSTALLATION PREMISE, its contents, and its surroundings (hereinafter “CLIENT’S PROPERTY”), and the risk of personal injury. THE CLIENT agrees that THE CONTRACTOR is not responsible for any damage to CLIENT’S PROPERTY resulting from SERVICES PERFORMED. Client’s Equipment and Data: THE CLIENT understands that damage may occur to CLIENT’S EQUIPMENT and/or loss may occur to CLIENT’S DATA including, but not limited to: unrecoverable failure of CLIENT’S EQUIPMENT; failure requiring system format and reinstallation of operating system, software, and CLIENT’S DATA; software failure and/or conflicts; hardware/component/driver failure and/or conflicts; and/or complete loss of CLIENT’S DATA. THE CLIENT agrees that THE CONTRACTOR is not responsible for any damage to CLIENT’S EQUIPMENT or loss of CLIENT’S DATA resulting from SERVICES PERFORMED. It is THE CLIENT’S sole responsibility to properly back up CLIENT’S DATA prior to SERVICES PERFORMED. THE CLIENT further acknowledges that THE CONTRACTOR does not warrant that SERVICES PERFORMED will be without incident, error, damage, or loss to CLIENT’S DATA, CLIENT’S EQUIPMENT, or CLIENT’S PROPERTY. THE CLIENT agrees that he/she is not relying upon any warranties, representations, or recommendations made by THE CONTRACTOR as to the suitability of any product or service for any particular purpose. THE CONTRACTOR is not responsible for, and hereby disclaims any warranties or representations, either expressed or implied, regarding the functionality; performance; support or compatibility with other hardware, software, or services; suitability for a particular purpose; availability; or quality, accuracy, or completeness of the SERVICES PERFORMED. In no event shall THE CONTRACTOR be liable for any indirect, incidental, punitive or other consequential damages (including, without limitation, but not limited to, cost reimbursement, lost profits and damages related to corruption or deletion of computer data or contents, damage to structures or their contents, damage to personal property, damage resulting from fire or explosion, damage resulting from water, wind, or any force of nature, component or equipment malfunction or failure) arising out of or in relation to this agreement or THE CLIENT’S use or inability to use THE CONTRACTOR’S or any third party’s products and/or services, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if THE CONTRACTOR has been advised of the possibility of such damages. In addition, in no event shall THE CONTRACTOR’S maximum liability exceed the total amount paid by THE CLIENT to THE CONTRACTOR for SERVICES PERFORMED. THE CLIENT agrees to indemnify, defend and hold harmless THE CONTRACTOR from and against any and all liabilities, losses, damages and/or costs, including reasonable attorney and collection fees, resulting from any and all claims of any nature whatsoever, any third-party claim, action, dispute or demand related to THE CLIENT’S use of the SERVICES PERFORMED, or THE CLIENT’S violation of any of the provisions of this agreement. Covered Parts, Instruments or Systems that are no longer offered for sale or license by CONTRACTOR (”Obsolete Items”) will be maintained and repaired on a reasonable efforts basis by CONTRACTOR. If CONTRACTOR determines in its discretion that support and service of such Obsolete Items is no longer reasonable, CONTRACTOR shall notify CLIENT of such determination and such Obsolete Item shall be deemed to not be a Covered Part, Instrument or System. THE CLIENT’S signature on Agreement Forms indicates his/her agreement to pay for all SERVICES PERFORMED, CLIENT PREMISE EQUIPMENT, and any additional merchandise and/or materials purchased, and to be bound by all the foregoing terms. If THE CLIENT is not present for a scheduled installation, reschedules, or cancels at the door without 24-hours notice, he/she agrees to pay a Seventy-five dollar ($75) service call fee plus mileage. This is a legally binding contract. THE CONTRACTOR is authorized to debit THE CLIENT’S credit card(s) or other accounts for all amounts due and payable, and/or any early cancellation fees, without additional notice to THE CLIENT. THE CLIENT agrees to immediately pay all charges when due. In the event that any due charges or early cancellation fees are refused, declined, or charged back by THE CLIENT’S bank or credit card company, for any reason whatsoever, THE CLIENT understands and agree that he/she is still personally responsible for all amounts due and payable under this agreement, and agrees to immediately pay all amounts and fees then due. THE CLIENT agrees that any amounts that remain unpaid for more than thirty (30) days will bear a minimum service charge of ten dollars ($10) per month, in addition to interest on the unpaid balance at the rate of ten percent (10%) per month. THE CLIENT acknowledges that cancellation or downgrading of term-contract services will result in early cancellation fees charged by THE CONTRACTOR and/or third party service providers in amount equal to fees due CONTRACTOR for the remainder of the applicable term of the SERVICES order. THE CLIENT agrees to immediately pay in full any and all early cancellation fees that become due. A fifty-dollar ($50) will be applied to accounts with returned checks. If signing on behalf of a company or corporation, THE CLIENT certifies that he/she is legally entitled to sign on behalf of said company or corporation, and that his/her signature is binding. As SERVICES PERFORMED have been performed under this agreement, there are no refunds for SERVICES PERFORMED, CLIENT PREMISE EQUIPMENT, or any additional merchandise and/or materials purchased. THE CONTRACTOR retains title and/or a security interest in all purchased equipment until all amounts due under this agreement are paid in full. CONTRACTOR may terminate this or any SERVICE ORDER immediately by giving written notice of termination to CLIENT upon the occurrence of any of the following events: (a) CLIENT defaults in the performance of any material requirement or obligation created by this or any other agreement between CONTRACTOR and CLIENT; (b) CLIENT fails to make any payments to CONTRACTOR within ten (10) days of its due date; (c) CLIENT ceases doing business; (d) CLIENT is the subject of any bankruptcy, insolvency, or similar proceeding, becomes insolvent, makes an assignment for the benefit of creditors, or is unable to pay its debts when due, or a receiver is appointed for a substantial part of CLIENT’s assets, or an action is taken toward the liquidation or winding up of CLIENT’s business; No termination of this Parts Contract shall release CLIENT from any obligation to pay CONTRACTOR any amount that has accrued or become payable at or prior to the date of termination. In no event (including early termination) shall CONTRACTOR be obligated to return any payments received by CONTRACTOR hereunder, These Terms and Conditions shall be governed by and construed under the laws of the State of Indiana, regardless of its or any other jurisdiction’s choice of law principles. Each party hereby consents to exclusive jurisdiction in the State of Indiana for all matters arising out of or related to this Agreement.

Content on our site
Our site include a combination of content that we create, that our partners create, and that our users create. All materials published on our site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our site in whole or in part. If you would like to request permission to use any of the content on our site, please review our copyright notice section below.

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our site ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub licensable, license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our site, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

Our site contains content that we create as well as content provided by third parties. This content includes, among other things, product reviews, white papers, and stock quotes. It also includes information about products and services offered by parties other than 3 Rivers Computer Solutions LLC, such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, the integrity, or the quality of the content on our site, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the user opinion, message board, or feedback sections of our site.

You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

Third-party site, products, and Services
Our site contain links to other Internet site owned by third parties. Your use of each of those site is subject to the conditions, if any, that each of those site has posted. We have no control over site that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our site of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.

We do not sell, resell, or license any of the products or the services that we review, list, or advertise on our site, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

3 Rivers Computer Solutions LLC ' fee-based services
Some of the Services require you to pay a fee, as described in the specific conditions included where those Services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.

Privacy policy
All of the information that we collect, such as registration and credit card information, is subject to our privacy policy. The link can be found at the bottom of this page.

Copyright Notice
The 3 Rivers Computer Solutions LLC Website, and all editorial content, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, 3 Rivers Computer Solutions LLC logos, titles, characters, U.S. Registered Service Marks for the Company DBA names (3 RIVERS COMPUTER SOLUTIONS, 3 RIVERS COMPUTER SOLUTIONS LLC, 3RPCS, 3RIVERSPCS, 3RIVERSPCSOLUTIONS), graphics and button icons (collectively “Intellectual Property”), are protected by U.S. Copyright, U.S. Trademark, U.S. Service Mark, Digital Millennium Copyright Act (DMCA) and other laws of the United States, as well as international conventions and the laws of other countries and may not be copied without the express permission of 3 Rivers Computer Solutions LLC, which reserves all rights. The Intellectual Property is owned or controlled by 3 Rivers Computer Solutions LLC or by other parties that have provided rights thereto to 3 Rivers Computer Solutions LLC.

Reuse of any of 3 Rivers Computer Solutions LLC editorial content and graphics for any purpose without 3 Rivers Computer Solutions LLC' permission is strictly prohibited. You may not, and agree that you will not, copy or adapt the HTML or other code, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this 3 Rivers Computer Solutions LLC Website, in whole or in part, without the express written permission of 3 Rivers Computer Solutions LLC. Violations of The Digital Millennium Copyright Act (DMCA) can result in severe civil or criminal penalties and all violations will be turned over to the 3 Rivers Computer Solutions LLC Attorney listed below.

Other Trademarks, Service Marks, product names and company names or logos appearing on this 3 Rivers Computer Solutions LLC Website that are not owned by 3 Rivers Computer Solutions LLC may not be used without express permission from their owners.

Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this 3 Rivers Computer Solutions LLC Website, or frame this 3 Rivers Computer Solutions LLC Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the 3 Rivers Computer Solutions LLC Website in an email for commercial purposes, without the express written permission of 3 Rivers Computer Solutions LLC.

Permission to use such content is granted on a case-by-case basis at the sole discretion of 3 Rivers Computer Solutions LLC. Please send written requests to:

Hawk, Haynie, Kammeyer & Chickedantz, LLP
Attorneys at Law
W. Randall Kammeyer
116 East Berry Street
Lincoln Tower Suite 302
Fort Wayne, IN 46802
Phone: (260) 422-1515
Fax: (260) 424-2656

As a regular part of our business, 3 Rivers Computer Solutions LLC displays advertisements and product listings from a wide variety of companies. 3 Rivers Computer Solutions LLC is not in a position to arbitrate disputes between the owners of intellectual property rights and companies who advertise or list their products on our sites.

As a courtesy to owners of intellectual property rights, we are willing to perform a limited investigation of reasonable complaints. However, we provide no guarantee that we will remove the allegedly infringing materials from our site.

We encourage the owners of intellectual property rights who believe their rights are being infringed by a company who advertises or lists its products on our site to resolve their disputes directly with that company.

If you believe that your rights have been violated
If you believe that your intellectual property rights have been violated by 3 Rivers Computer Solutions LLC or by a third party who has included material on our sites, please provide the following information to the 3RPCS-designated copyright agent listed below:

1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the site;
3. An address, a telephone number, and an e-mail address where 3 Rivers Computer Solutions LLC can contact you and, if different, an e-mail address where the alleged infringing party, if not 3 Rivers Computer Solutions LLC, can contact you;
4. A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
6. Your electronic or physical signature.

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. We may provide the alleged infringing party with your e-mail address so that that person can respond to your allegations. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

If your materials have been removed based on the complaints of another party
3 Rivers Computer Solutions LLC will provide you with notice if your materials are removed due to alleged infringement of a third party's intellectual property rights. We will also provide you with the e-mail address of the complaining party so that you may attempt to resolve the issue. We will restore your materials upon notification from the complaining party that the dispute has been resolved.

Your conduct on our site
If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

The technology and the software underlying our site and the Services is the property of 3 Rivers Computer Solutions LLC, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our site or the Services. You agree not to modify the software underlying our site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our site.

Without limiting the foregoing, you agree that you will not use our site to take any of the following actions:

1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our site, any software or hardware, or telecommunications equipment;
4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
6. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
8. Restrict or inhibit any other user from using and enjoying any public area within our site;
9. Collect or store personal information about other end users;
10. Interfere with or disrupt our site, servers, or networks;
11. Impersonate any person or entity, including, but not limited to, a 3 Rivers Computer Solutions LLC representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
12. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our site or to manipulate your presence on our site;
13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
14. Engage in any illegal activities.

Unauthorized access to our site is a breach of these Terms and a violation of the law. You agree not to access our site by any means other than through the interface that is provided by 3 Rivers Computer Solutions LLC for use in accessing our site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our site, except those automated means that we have approved in advance and in writing.

Use of our site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our site.

Requests to remove certain content from our site
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please review our copyright notice.

Indemnification
You hereby agree to indemnify, defend and hold 3 Rivers Computer Solutions LLC and all of our members, officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, "3 Rivers Computer Solutions LLC Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any 3 Rivers Computer Solutions LLC Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:

1. Your use of our site;
2. The content, the quality, or the performance of content that you submit to our site;
3. Your connection to our site;
4. Your violation of these Terms; or
5. Your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Disclaimers
We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our site. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITE. OUR SITE AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Arbitration
3 Rivers Computer Solutions LLC may elect to resolve any controversy or claim arising out of or relating to these Terms or our site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Fort Wayne, Indiana, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Fort Wayne, Indiana, necessary to protect the rights or the property of you or 3 Rivers Computer Solutions LLC (or its agents, suppliers, and subcontractors), pending the completion of arbitration.

Miscellaneous
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our site or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting us by mail at: 6345 Constitution Drive, Fort Wayne, IN 46804.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and 3 Rivers Computer Solutions LLC and govern your use of our site, superceding any prior agreements that you may have with us.

These Terms shall be construed in accordance with the laws of the State of Indiana, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Fort Wayne, Indiana if seeking interim or preliminary relief or enforcement of an arbitration award.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.

Consulting Services Agreement Terms and Conditions

1. Services
   3 Rivers Computer Solutions LLC, its employees or agents, (hereinafter “THE CONSULTANT”). THE CONSULTANT shall, during the Term (as defined in the Agreement Form) provide to the Undersigned: (hereinafter “THE PRINCIPAL”) computer consulting services described in the Agreement Form (the “SERVICES”), at such times as THE PRINCIPAL may reasonably request.

2. Compensation
   THE PRINCIPAL shall pay to THE CONSULTANT the Daily Compensation Rate referred to in the Agreement Form for each day of providing Services under this Agreement, whether at THE PRINCIPAL's premises or elsewhere, or a proportionate share thereof for any period less than a day. For the purposes hereof, a day shall have eight (8) working hours. THE PRINCIPAL shall reimburse THE CONSULTANT for all reasonable expenses authorized in advance by THE PRINCIPAL and incurred in connection with this Agreement. THE CONSULTANT shall submit monthly invoices to THE PRINCIPAL for its compensation and related expenses during the preceding month. THE PRINCIPAL shall pay to THE CONSULTANT such invoices within thirty (30) days after receipt of the invoice accompanied by vouchers or receipts evidencing such expenses. THE CONSULTANT shall maintain complete and accurate accounting records, in a form in accordance with sound accounting practices, to substantiate its invoices hereunder. Such records shall include payroll records, job cards, attendance cards and job summaries. THE CONSULTANT shall retain such records for one year from the date of final payment under this Agreement. THE PRINCIPAL shall have access to such records for purposes of credit during normal business hours during the Term and during the period in which THE CONSULTANT is required to maintain such records as herein provided.

3. Term
   This Agreement shall commence on the Commencement Date referred to in the Agreement Form and shall remain in effect the Term referred to in the Agreement Form, provided that the parties may, in writing, agree to extend the Term. Notwithstanding the foregoing, this Agreement may be terminated at any time at the option of one party, upon the failure of the other party to comply with the covenants, terms and agreements of this Agreement and upon notice of such failure to such other party. Upon any termination of this Agreement, THE CONSULTANT shall deliver to THE PRINCIPAL all written or descriptive matter which has been developed, maintained or copied by THE CONSULTANT in furtherance of this Agreement, or which may contain Confidential Information (as defined below), including, but not limited to drawings, files, lists, plans, blueprints, papers, documents, tapes or any other such media. THE CONSULTANT shall secure all such written or descriptive matter in locked files at all times to prevent their loss or unauthorized disclosure, and to segregate Confidential Information at all times from the material of others. In the event of loss or destruction of any such written or descriptive matter, THE CONSULTANT shall promptly notify THE PRINCIPAL of the particulars of the same in writing.

4. Confidential Information
   (a) For the purposes of this Agreement, the term “Confidential Information” means all information disclosed to, or acquired by, THE CONSULTANT, its employees or agents in connection with, and during the term of this Agreement which relates to THE PRINCIPAL's past, present and future research, developments, systems, operations and business activities, including, without limiting the generality of the foregoing:
        (i) all items and documents prepared for, or submitted to, THE PRINCIPAL in connection with this Agreement, and
        (ii) all information specifically designated by THE PRINCIPAL as confidential;
        (iii) but shall not include any information which was known to THE CONSULTANT, its employees or agents prior to the date hereof, or which was publicly           disclosed otherwise than by breach of this Agreement.
   
   (b) THE CONSULTANT acknowledges that pursuant to the performance of its obligations under this Agreement, it may acquire Confidential Information. THE CONSULTANT covenants and agrees, during the Term and following any termination of this Agreement, to hold and maintain all Confidential Information in trust and confidence for THE PRINCIPAL and not to use Confidential Information other than for the benefit of THE PRINCIPAL. Except as authorized in writing by THE PRINCIPAL, THE CONSULTANT covenants and agrees not to disclose any Confidential Information, by publication or otherwise, to any person other than those persons whose services are contemplated for the purposes of carrying out this Agreement, provided that such persons agree in writing to be bound by, and comply with the provisions of this paragraph. THE CONSULTANT shall obtain similar covenants and agreements to those contained in this paragraph for the benefit of THE PRINCIPAL from each of its employees or agents who are, or may be, exposed to Confidential Information.

5. Rights in Data
   (a) All of the items prepared for or submitted to THE PRINCIPAL under this Agreement (the “Items”) shall belong exclusively to THE PRINCIPAL. THE CONSULTANT hereby assigns to THE PRINCIPAL the ownership of copyright in the Items and THE PRINCIPAL shall have the right to obtain and hold, in its own name, copyrights, registrations and similar protection which may be available in the Items. THE CONSULTANT shall give THE PRINCIPAL or its designees all assistance reasonably required to perfect such rights.
   
   (b) To the extent that any pre-existing materials are contained in the Items, THE CONSULTANT grants to THE PRINCIPAL an irrevocable, non-exclusive, worldwide, royalty-free license to:
        (i) use, execute, reproduce, display, perform, distribute (internally or externally) copies of, and prepare derivative works based upon the Items and
        (ii) authorize others to do any, some or all of the foregoing.
   
   (c) THE CONSULTANT shall have the right to publish any information resulting from its performance under this Agreement in a manner which preserves THE PRINCIPAL's copyright in the Items, after obtaining THE PRINCIPAL's prior written approval, which approval shall not be unreasonably withheld; provided that any such approval may be conditional upon reasonable alterations or deletions to ensure that Confidential Information is not published. THE CONSULTANT agrees to delay publication of any invention which THE PRINCIPAL has decided to, or is in the process of deciding to, seek patent protection for a period not to exceed six (6) months from the date that such material is disclosed to THE PRINCIPAL for approval.
   
   (d) No license or right is granted to THE CONSULTANT either expressly or by implication, estoppel or otherwise, to publish, reproduce, prepare derivative works based upon, distribute copies of, publicly display, or perform, any of the Items, except pre-existing materials of THE CONSULTANT, either during the Term or after termination of this Agreement.

6. Warranties
   THE CONSULTANT represents and warrants as follows:
   (a) That it is under no obligation or restriction, nor will it assume any such obligation or restriction, which would in any way interfere or be inconsistent with, or present a conflict of interest concerning the services to be furnished by it under this Agreement.
   
   (b) That all items delivered to THE PRINCIPAL pursuant to this Agreement are original and that no portion of such items, or their use or distribution, violates or is protected by any copyright or similar right of any third party.
   
   (c) That any information disclosed by THE CONSULTANT to THE PRINCIPAL is not confidential and/or proprietary to THE CONSULTANT and/or any third party.

7. Trade Marks and Trade Names
   Notwithstanding any other provision of this Agreement, THE CONSULTANT shall have no right to use the Trade Marks or Trade Names of THE PRINCIPAL or to refer to this Agreement or the Services, directly or indirectly, in connection with any product, service, promotion or publication without the prior written approval of THE PRINCIPAL.

8. Notices
   All notices, requests, demands or other communications required by this Agreement or desired to be given or made by either of the parties to the other hereto shall be given or made by personal delivery or by mailing the same in a sealed envelope, postage prepaid, registered mail, return receipt requested, and addressed to the parties at their respective addresses set forth above or to such other address as may, from time to time, be designated by notice given in the manner provided in this paragraph. Any notice or communication mailed as aforesaid shall be deemed to have been given and received on the third business day next following the date of its mailing. Any notice or writing delivered to a party hereto shall be deemed to have it been given and received on the day it is delivered, provided that if such day is not a business day, then the notice or communication shall be deemed to have been given and received on the business day next following such date.

9. Consultant's Agreement With its Employees
   THE CONSULTANT will have an appropriate agreement with each of its employees or others whose services it may require, which Agreement shall be sufficient to enable it to comply with all the terms of this Agreement.

10. Insurance
    THE CONSULTANT shall maintain, throughout the performance of its obligations under this Agreement, adequate general liability insurance providing coverage against liability for bodily injury, death and property damage which may arise out of or based upon any act or omission of THE CONSULTANT or any of its employees, agents or subcontractors under this Agreement. Upon written request, THE CONSULTANT shall promptly provide certificates from its insurers indicating the amount of insurance coverage, the nature of such coverage and the expiration date of each applicable policy.

11. Applicable Laws
    THE CONSULTANT agrees that it will comply with all applicable laws, ordinances, regulations and codes in the performance of its obligations under this Agreement, including the procurement of permits and certificates where required. THE CONSULTANT further agrees to hold harmless and indemnify THE PRINCIPAL against any loss or damage to include reasonable solicitor's fees that may be sustained by reason of the failure of THE CONSULTANT or its employees, agents or subcontractors to comply with such laws, ordinances, regulations and codes.

12. Entire Agreement
    This Agreement sets forth the entire Agreement between the parties hereto in connection with the subject matter hereof. No alteration, amendment or qualification of this Agreement shall be valid unless it is in writing and is executed by both of the parties hereto.

13. Severability
    If any paragraph of this Agreement or any portion thereof is determined to be unenforceable or invalid by the decision of any court by competent jurisdiction, which determination is not appealed or appealable, for any reason whatsoever, such unenforceability or invalidity shall not invalidate the whole Agreement, but the Agreement shall be construed as if it did not contain the particular provision held to be invalid and the rights and obligations of the parties shall be construed and enforced accordingly.

14. Further Assurances
    The parties hereto covenant and agree that each shall and will, upon reasonable request of the other, make, do, execute or cause to be made, done or executed, all such further and other lawful acts, deeds, things, devices and assurances whatsoever for the better or more perfect and absolute performance of the terms and conditions of the this Agreement.

15. Successors and Assigns
    THE CONSULTANT shall not assign this Agreement or any interest herein or subcontract the performance of any Services without the prior written consent of THE PRINCIPAL. This Agreement may be assigned by THE PRINCIPAL without THE CONSULTANT's consent and the Assignee shall have the rights and obligations of THE PRINCIPAL. This Agreement shall inure to the benefit of and be binding on the heirs, executors, administrators, successors and permitted assigns of the parties hereto.

16. Governing Law
    This Agreement shall be governed by and construed in accordance with the laws of the State in which THE PRINCIPAL is located.

17. Relationship
    THE CONSULTANT shall perform the Services as an independent contractor. Nothing contained in this Agreement shall be deemed to create any association, partnership, joint venture, or relationship of PRINCIPAL and agent or employer and employee between the parties hereto or to provide either party with the right, power or authority, whether express or implied, to create any such duty or obligation on behalf of the other party. THE CONSULTANT also agrees that it will not hold itself out as an affiliate of or partner, joint venturer, co-PRINCIPAL or co-employer with THE PRINCIPAL, by reason of the Agreement and that THE CONSULTANT will not knowingly permit any of its employees, agents or Consultants to hold themselves out as, or claim to be,officers or employees of THE PRINCIPAL by reason of the Agreement. In the event that THE PRINCIPAL is adjudicated to be a partner, joint venturer, co-PRINCIPAL or co-employer of or with THE CONSULTANT, THE CONSULTANT shall indemnify and hold harmless THE PRINCIPAL from and against any and all claims for loss, liability or damages arising therefrom.

18. Construction
    In this Agreement, except as otherwise expressly provided , all words and personal pronouns relating thereto shall be read and construed as the number and gender of the party or parties referred to in each case require and the verb shall be read and construed as agreeing with the required word and pronoun.

19. Headings
    The division of this Agreement into paragraphs and the use of headings are for convenience of reference only and shall not modify or affect the interpretation or construction of this Agreement or any of its provisions.

Block Time Services Agreement Terms and Conditions

This agreement is between “PRINCIPAL” and 3 Rivers Computer Solutions LLC, its employees or agents, (hereinafter “3RPCS”), whereby 3RPCS agrees to provide discounted hourly services at the service address on file, and at the rates depicted on the Block Time Agreement.

3RPCS shall, during the term hereof, provide service, including travel time (to a maximum of one half (1/2) hour), and labor at the location indicated on the BlockTime Agreement, as requested by PRINCIPAL, and as necessary to keep the equipment in proper working order.

The service provided by 3RPCS under this agreement shall include all labor within the discounted block of time. Non-warranty parts,shipping fees or other fees are not included. Block Time services can be utilized for the following:

1. Pre-Sales Consultation & Evaluation;
2. Supported printer troubleshooting;
3. On-Site or Remote Support;
4. Network Equipment Relocation;
5. Workstation System Maintenance;
6. Computer Troubleshooting;
7. 9am to 6pm Telephone Support;
8. Hardware Installations;
9. Operating System Reinstalls;
10. Pickup & Delivery.

3RPCS shall provide service in accordance with this agreement between the hours of 9:00 a.m. and 6:00 pm, Monday through Friday,(a) excluding holidays.(b)

3RPCS shall use its best efforts to respond to calls received before 10:00 a.m. on the same day and to calls received after 10:00 a.m. on the next business day, however, in no event shall the time period for response exceed two (2) business days.

In no event shall 3RPCS be liable to PRINCIPAL for any indirect, special or consequential damages or lost profits arising out of or related to this agreement or the performance or breach thereof, or interruption in the operation of the equipment, not withstanding the fact that 3RPCS may have been advised of the possibility thereof.

In the event 3RPCS does not respond or in the event 3RPCS response exceeds two (2) business days from the date of the call, then 3RPCS agrees that there shall be no charge for the subject service to PRINCIPAL.

PRINCIPAL shall be responsible for locking up the premises and /or backing up all data and data files and programs and program files prior to any services being rendered by 3RPCS under this agreement, and in no event shall 3RPCS be liable for loss or damage sustained by PRINCIPAL as a result of the loss of such data or data files or program or program files.

All charges pursuant to this agreement are payable in advance and are due on the commencement of the agreement and the renewal thereof.

3RPCS agrees to use its best efforts to provide the services required under this agreement in a timely fashion. However, 3RPCS will not be deemed in breach of this agreement should such performance be prevented, hindered or delayed by any cause beyond the reasonable control of 3RPCS.

THE PRINCIPAL agrees that in no event shall liability for breach of this agreement in any manner whatsoever exceed the actual cost of this maintenance contract.

In no event shall 3RPCS be liable in any matter whatsoever for any damages by way of lost profits, special damages or for any claim or demand against THE PRINCIPAL by any other party as a result of the breach of this agreement by 3RPCS not withstanding that 3RPCS has been advised of the possibility of such damages.

THE PRINCIPAL acknowledges that any and all fees paid for issuance of this agreement shall be non-refundable and shall only be utilized to be applied toward Block Time as per this agreement.

THE PRINCIPAL and 3RPCS agree that this Contract cannot be assigned by PRINCIPAL without the prior written consent of 3RPCS. There are no warranties, expressed or implied, including, but not limited to, any warranties or merchantability or fitness for particular purpose.

    (a)  For labor provided after 6pm Monday through Friday, or on Saturdays and Sundays, it is agreed that contract hours will be deducted at a rate of 2 times the             actual service time. Evening, Saturday, or Sunday hours are not part of the guaranteed response time of this agreement, and are optionally available by             appointment, mutual agreement and resource availability.

   (b)  A schedule of 3RPCS company holidays are available upon request.

Help Desk After Hours Emergency Service

The service is available Monday–Friday, 6pm to 1am. All non-mission critical issues should be processed through the 3RPCS ticket system, by filling out the Support Ticket System form at https://www.3rpcs.com/contact.

Our Help Desk provides an on-call support service during the hours that our office is not available (Monday–Friday, 9am to 6pm). There are two main areas of support that are provided with the After Hours Emergency Service:

1. Large scale service interruptions for 3RPCS-monitored services that affect multiple people. For example, widespread problems with Exchange or Active Directory (Mission Critical) that are impacting many people.
2. Problems that are affecting Mission Critical business. These types of problems may affect only a single individual, but the work that they are doing may be deemed critical by 3 Rivers Computer Solutions and therefore support would be provided.

Routine Call Handling
Routine calls that come into the After Hours Help Desk, will be handled during regular office hours the next business day. Some examples of routine calls are:

1. A single individual who is unable to access an 3RPCS-monitored service, but the service is available to all other network users.
2. A single individual who is having problems with his or her computer that does not involve Mission Critical related business.
3. A mailbox password reset that does not involve Mission Critical related business.

After Hours Emergency Service Process
The following describes the process for how the After Hours Emergency Service works:

1. A network user calls the 888-545-0123 number after hours (Monday–Friday, 6pm to 1am) and selects the appropriate option.
2. The network user receives a recorded message with instructions to leave a voicemail message, including their name, email address, phone number and a detailed description of their problem, and the on-call agent will be paged and will return their message promptly.
3. Once the network user has left a message, the Help Desk on-call agent will be notified and they will listen to the message. If the issue is determined to be an emergency, the Help Desk agent will contact the network user to begin working on a resolution. If the issue is determined not to be an emergency, the network user will be contacted by email the next business day, and the request will be put into our ticket system and referred to the Help Desk during regular office hours the following business day.