State: California, Small Claims Court
I purchased a forum software for around $250 and I also invested close to $700 for various elements of a graphic design of a site. I also invested quite a lot of time in working on the site (substantial amount). The software was promised to come with "Free support" (indefinitely) and this promise was presented on the site as the very first thing during the purchasing process and I agreed to any futher terms and conditions after that (they were on a following separate page). So I was basically thinking, ok, if something breaks, they will fix it, and I agreed to all the terms and conditions after that.
After around a year from this time one of the features of the website / software broke and I was not able to fix it with the support team. I was talking to a regular support rep initially and I was dealing with a supervisor after that. They both stated that this is not something they can fix and that they will not be able to fix the site. I was also given wrong and misleading info after a certain amount of time, like for example that the reason for the problem was this but this was not true or correct and I was also asked to install something like A or B and when I installed A, they said, no, it was suppose to be A. After a couple of months like that I filled a lawsuit (California, small claims court).
I was granted a permission to appear by a written declaration only (no CourtCall needed) and I need to present the final paperwork to the Judge and the Defendant in about one month's time.
I am thinking that it would be the best to present the laws that apply to my particular situation and laws that prove that in fact the money that I spent should be returned to me. I am not sure where to find it and how to approach this case in order to win. What laws could be applicable, what area of the law I would be looking at and is it possible to find it on the Internet, and where could I be directed to get more help (only free help is applicable, as I am not able to pay for that, I can call around within the USA). The amount that I am trying to recover is around $950, only what I spent, no additional money for my time or anything like that.
I purchased a forum software for around $250 and I also invested close to $700 for various elements of a graphic design of a site. I also invested quite a lot of time in working on the site (substantial amount). The software was promised to come with "Free support" (indefinitely) and this promise was presented on the site as the very first thing during the purchasing process and I agreed to any futher terms and conditions after that (they were on a following separate page). So I was basically thinking, ok, if something breaks, they will fix it, and I agreed to all the terms and conditions after that.
After around a year from this time one of the features of the website / software broke and I was not able to fix it with the support team. I was talking to a regular support rep initially and I was dealing with a supervisor after that. They both stated that this is not something they can fix and that they will not be able to fix the site. I was also given wrong and misleading info after a certain amount of time, like for example that the reason for the problem was this but this was not true or correct and I was also asked to install something like A or B and when I installed A, they said, no, it was suppose to be A. After a couple of months like that I filled a lawsuit (California, small claims court).
I was granted a permission to appear by a written declaration only (no CourtCall needed) and I need to present the final paperwork to the Judge and the Defendant in about one month's time.
I am thinking that it would be the best to present the laws that apply to my particular situation and laws that prove that in fact the money that I spent should be returned to me. I am not sure where to find it and how to approach this case in order to win. What laws could be applicable, what area of the law I would be looking at and is it possible to find it on the Internet, and where could I be directed to get more help (only free help is applicable, as I am not able to pay for that, I can call around within the USA). The amount that I am trying to recover is around $950, only what I spent, no additional money for my time or anything like that.
Warranties: Software Company Did Not Provide Support for a Defective Product
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