CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA. Customer agrees that prior to Sebago Solutions 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; and (2) remove all compact disks, flash drives, laser disks, DVDs, film or other media from Customer’s product. Customer agrees that whether or not Customer requests back-up services from Sebago Solutions and/or its third party service provider, neither Sebago Solutions nor its third party service provider shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media.
ON-SITE SERVICES; DISCLAIMER ON-SITE SERVICES. Whether an on-site visit by a Sebago Solutions agent is necessary to address Customer’s issue will be determined in the sole discretion of the Sebago Solutions online support agent. For any such visits, Sebago Solutions will not be responsible for moving any furniture or personal property. To ensure the health and safety of Sebago Solutions service providers, Sebago Solutions reserves the right to refuse or reschedule work due to unsafe conditions, which include, without limitation, extreme temperatures, natural disasters, or the existence of other hazards, real or perceived. Someone at least 18 years of age must be present at all times during the on-site service and must review and approve all work completed. On-site services do not include the provision of any parts or accessories. On-site services may be performed by third party, non-Sebago Solutions employees.
CONFIDENTIALITY. The Parties, and their respective employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for their personal benefit or divulge, disclose, or communicate in any manner, any information that is proprietary to the other Party. The Parties and their employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. Any oral or written waiver of these confidentiality obligations which allows a Party to disclose the other party's confidential information will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.
INDEMNIFICATION. Customer agrees to indemnify and hold harmless Provider from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against Provider that result from the acts or omissions of Customer and/or Customer's employees, agents, or representatives.
DISCLAIMER OF WARRANTIES. CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SEBAGO SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SEBAGO SOLUTIONS MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SEBAGO SOLUTIONS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM SEBAGO SOLUTIONS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO EACH CUSTOMER.
LIMITATION OF LIABILITY. SEBAGO SOLUTIONS 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 SEBAGO SOLUTIONS 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 Sebago Solutions shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. Sebago Solutions shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Customer by Sebago Solutions. Notwithstanding any language to the contrary, Sebago Solutions maximum liability to Customer arising from or related to Sebago Solutions under this Agreement shall be limited to the sums paid by Customer to Sebago Solutions under this Agreement during the three months prior to the time the cause of action arose.