In this document Gambit Systems, LLC shall be referred to as “GS”. You, the party who requested services from GS shall be referred to as “CLIENT”.
CLIENT AFFIRMS THAT WHEN SERVICES WERE REQUESTED FROM GS THAT THEY, THE CLIENT, (1) REPRESENTED THAT THEY WERE OVER THE AGE OF 18 AND HAD THE CAPACITY AND AUTHORITY TO BIND THEMSELF AND THEIR EMPLOYER, AS APPLICABLE, TO THE TERMS OF THE DISCLAIMER BELOW; AND (2) CONSENTED ON BEHALF OF THEMSELF AND/OR AS AN AUTHORIZED REPRESENTATIVE OF THEIR EMPLOYER, AS APPLICABLE, TO BE BOUND BY THIS DISCLAIMER.
Services, whether provided remotely or onsite, were provided at the sole risk of the CLIENT.
By allowing us to access your computer(s), networks(s), and related equipment, you the CLIENT, affirm and agree to the following terms and conditions:
You, the CLIENT, requested the assistance of a GS technical support representative. This assistance was provided through a combination of online chat, phone, remote access technologies, or on-site service to your computer(s), networks(s), and related equipment. The ability for GS to access your computer(s), network(s), and related equipment significantly enhanced GS’s ability to resolve your technical problem(s) quickly.
You, the CLIENT, understand that by requesting such assistance, you provided GS technical support personnel with specific permission and passage to access and control your computer(s), network(s), and related equipment. In addition, you understand that you may have been providing GS technical support personnel with access to files, data, applications, and other resources that reside on your computer(s), network(s), and related equipment during the time that they provided services to you the CLIENT.
This permission was granted fully, without limit and willfully by you, the CLIENT, and said assistance took place at your direct request. In no event shall GS be liable for any data loss; either currently or previously stored on any computer(s), network(s), or related equipment.
In order to provide you, the CLIENT, with service GS technical support personnel had your full authorization to troubleshoot, evaluate, run applications, install and/or uninstall software, reconfigure and/or otherwise perform service or technical support work on your computer(s), network(s), and related equipment. GS technical support personnel further had the authorization of you, the CLIENT to make any changes that they determined were necessary in order to increase performance and/or alleviate the problem at hand or any other problem that may have been discovered during the course of providing technical assistance.
No Liability For Consequential Damages - To the maximum extent permitted by applicable law, in no event shall GS, its employees, its assigns, its vendors, or licensors be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, loss of business profits, business interruptions, loss of business information or any other real or pecuniary loss) arising out of GS’s access to the client's computer(s), network(s), or related equipment; even if GS, its employees, its assigns, its vendors, or licensors have been advised of the possibility of such damages. In any potential litigation GS’s, entire liability under any provision of this agreement shall be limited to the amount actually paid by you to GS for remote assistance services during this specific service call event.
GS, ITS EMPLOYEES, ITS ASSIGNS, ITS VENDORS, AND LICENSORS MAKE NO WARRANTIES OF ANY KIND WITH REGARD TO THE TECHNICAL SUPPORT SERVICES PROVIDED HEREUNDER. GS, ITS EMPLOYEES, ITS ASSIGNS, ITS VENDORS, AND LICENSORS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE TECHNICAL SUPPORT SERVICES INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL GS, ITS EMPLOYEES, ITS ASSIGNS, ITS VENDORS, OR LICENSORS BE LIABLE FOR (i) ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR (ii) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF TECHNICAL SUPPORT SERVICES, THE PERFORMANCE OF ANY SOFTWARE, THE FAILURE TO PROVIDE SERVICES, OR USE OF YOUR COMPUTER(S), NETWORK(S), AND RELATED EQUIPMENT.
Further clarifying and affirming the separation of liability between GS and the CLIENT, the CLIENT agrees to the following terms and conditions:
This agreement shall be governed by the laws of the state of Florida and shall inure to the benefit of GS and any successors, administrators, contractors, heirs, and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in Pinellas County, Florida. The parties hereby consent to in personam jurisdiction of said courts.
The terms of this agreement may be modified at the sole discretion of GS without notice.