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ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
This ESC TEC Consulting General Terms of Service (“Service Terms”) is provided to you (“Customer”) in connection with the ESC TEC Consulting Service that Customer has purchased. These terms and conditions comprise the entire agreement between Customer and ESC TEC Consulting with respect to the Service.
Unless stated in writing otherwise, all fees and charges are nonrefundable. ESC TEC Consulting may change the fees and charges then in effect, or add new fees or charges, by giving Customer notice in advance.
MODIFICATIONS TO TERMS OF SERVICE
ESC TEC Consulting may change the terms and conditions of the Service from time to time. Upon any such change, ESC TEC Consulting will notify the Customer. ESC TEC Consulting reserves the right to modify or discontinue the Service with or without notice to Customer. ESC TEC Consulting shall not be liable to Customer or any third party should ESC TEC Consulting exercise its right to modify or discontinue the Service. Customer’s use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications.
CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA
Customer agrees that prior to ESC TEC Consulting servicing any Customer equipment it is Customer’s responsibility to (1) back-up the data, software, information or other files stored on Customer’s computer disk drives, peripherals and/or on any other electronic storage device. Customer agrees that whether or not Customer requests back-up services from ESC TEC Consulting neither shall not be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, or other media.
LIMITATIONS TO SERVICE
ESC TEC Consulting shall not be liable for any failure or delay in performance due to any cause beyond its control. ESC TEC Consulting and/or its third party service providers reserve the right to refrain from providing the Services ordered and instead refund Customer’s payment, wholly or in part, on the basis that the minimum system requirements are not met or the technical needs (including wiring or overcoming physical or technical barriers) or other requirements of the Customer are unusual or extensive and beyond the scope of these Service Terms, as determined by ESC TEC Consulting.
Customer agrees to indemnify, defend, and hold harmless ESC TEC Consulting from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by ESC TEC Consulting by reason of, or arising from: (a) Customer’s breach of this Agreement; (b) Customer’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (c) Customer’s actual or alleged failure to promptly pay sums due ESC TEC Consulting or third parties; (d) Customer’s failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of Customer (or its officers, directors, employees or agents).
LIMITATION OF LIABILITY
ESC TEC CONSULTING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE — USE OR THE INABILITY TO — USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, — USE, DATA OR OTHER INTANGIBLE, EVEN IF ESC TEC CONSULTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER.
It is Customer’s responsibility to back-up the software and data that is stored on Customer’s computers, hard disk drive(s), and/or on any other storage devices Customer may have, and ESC TEC Consulting shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. ESC TEC Consulting shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Customer by ESC TEC Consulting. Not withstanding any language to the contrary, ESC TEC Consulting’s maximum liability to Customer arising from or related to ESC TEC Consulting under this Agreement shall be limited to the sums paid by Customer to ESC TEC Consulting under this Agreement during the three months prior to the time the cause of action arose.
Either Customer or ESC TEC Consulting may immediately terminate the Service upon written notice to the other party. Upon termination of the Service, Customer’s right to use the Service immediately ceases. Customer shall have no rights and ESC TEC Consulting will have no obligations regarding the Service thereafter.
Last Revised-November 8, 2015