Terms of Service
Last modified: September 16, 2017 (view previous version)
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
This Eastern Shore IT, LLC Terms of Service (“Service Terms”) is provided to our clients (“Client”) in connection with the Eastern Shore IT, LLC service that Client has purchased (the “Service”). These terms and conditions comprise the entire agreement between Client and Eastern Shore IT, LLC with respect to the Service. Client’s use of the Service constitutes an affirmative agreement by Client to abide and be bound by these Service Terms and its modifications.
All service fees are nonrefundable.
MODIFICATIONS TO TERMS OF SERVICE
Eastern Shore IT, LLC may change the terms and conditions of the Service from time to time. Upon any such change, Eastern Shore IT, LLC will notify the Client by posting the changes to the site from which the Service was purchased.
CLIENT'S RESPONSIBILITY TO BACK-UP DATA
Client agrees that prior to Eastern Shore IT, LLC servicing any Client equipment it is Client’s responsibility to (1) back-up the data, software, information or other files stored on Client’s computer disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Client’s product. Client agrees that whether or not Client requests back-up services from Eastern Shore IT, LLC and/or its third party service provider, neither Eastern Shore IT, LLC 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.
LIMITATIONS TO SERVICE
Eastern Shore IT, LLC shall not be liable for any failure or delay in performance due to any cause beyond its control. Eastern Shore IT, LLC and/or its third party service providers reserve the right to refrain from providing the Services ordered 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 Client are unusual or extensive and beyond the scope of these Service Terms, as determined by Eastern Shore IT, LLC.
Client agrees to indemnify, defend, and hold harmless Eastern Shore IT, LLC (and its affiliates and their respective officers, directors, employees and agents) 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 Eastern Shore IT, LLC by reason of, or arising from: (a) Client’s breach of this Agreement; (b) Client’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (c) Client’s actual or alleged failure to promptly pay sums due Eastern Shore IT, LLC or third parties; (d) Client’s failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of Client (or its officers, directors, employees or agents).
DISCLAIMER OF WARRANTIES
Client expressly agrees that use of the Service is at Client's sole risk. The Service is provided on an “as is” and “as available” basis. Eastern Shore IT, LLC 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. Eastern Shore IT, LLC makes no warranty that the Service will meet Client’s requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor does Eastern Shore IT, LLC 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. Client understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done at Client's own discretion and risk and that Client will be solely responsible for any damage to Client'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 Client from Eastern Shore IT, LLC or through the Service shall create any warranty not expressly made herein.
LIMITATION OF LIABILITY
Eastern Shore IT, LLC 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 Client's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if Eastern Shore IT, LLC 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 Client.
Eastern Shore IT, LLC shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Client by Eastern Shore IT, LLC. Notwithstanding any language to the contrary, Eastern Shore IT, LLC’s maximum liability to Client arising from or related to Eastern Shore IT, LLC under this Service Terms shall be limited to the sums paid by Client to Eastern Shore IT, LLC during the three months prior to the time the cause of action arose.
Eastern Shore IT, LLC reserves the right to modify or discontinue the Service with or without notice to Client. Eastern Shore IT, LLC shall not be liable to Client or any third party should Eastern Shore IT, LLC exercise its right to modify or discontinue the Service Client shall have no rights and Eastern Shore IT, LLC will have no obligations regarding the Service thereafter.
The Service Terms shall be governed by and construed in accordance with the laws of the State of Alabama, excluding its conflict of law provisions. Client and Eastern Shore IT, LLC agree to submit to the exclusive jurisdiction of the courts in Mobile, Alabama. If any provision of the Service Terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Client and Eastern Shore IT, LLC agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.