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.


The contact details that you provided to us in order to log your support request will be handled in accordance with our Web Site Privacy Policy.


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:  


  • CLIENT agrees that GS shall not be held liable or responsible for any failure or malfunction which is caused directly or indirectly by the failure of computer software or any device containing a computer processor to accurately or properly recognize, calculate, display, sort, or otherwise process dates or times.  CLIENT acknowledges that all products, including but not limited to; software applications, hardware and operating systems are subject to the warranties and representations of the applicable manufacturers, and that GS shall not be held liable for any malfunctions of said products.  This liability shall include but not be limited to; remediation, repairs and loss of business income.
  • CLIENT understands that there are DANGERS inherent in connectivity to the Internet, which include, but are not limited to; Hacker Activity, Viruses, Worms, and Trojans.  CLIENT understands that in addition to the Internet, such DANGERS can originate from within their own organization.  CLIENT further understands that no computer system or network is completely immune from such DANGERS, regardless of any security measures put in place in the past, present, or future.  As a result, CLIENT agrees that GS shall not be held liable or responsible for any failure, malfunction, or loss of data and or business income that is caused directly or indirectly by such DANGERS.  This liability shall include but not be limited to; remediation, repairs and loss of business income.
  • CLIENT understands that Electronic Components like those contained in computer systems, computer peripherals, and similar devices can malfunction or experience failure due to defects in manufacture, age, the environment in which the component or device has been used in the past, present, and future (i.e. temperature, humidity, etc.), and the way in which the component or device has been handled and or used in the past, present, and future (i.e. Moved, dropped, bumped, etc.)  As a result, GS assumes no responsibility in the event that such a malfunction or failure occurs.
  • CLIENT understands that Software components (i.e. drivers, applications, firmware, etc.), in spite of representations made by their respective manufacturers can contain bugs, and or adversely affect the otherwise normal operation of other software components presently on the system or that may be added or upgraded on the system in the future.  Likewise, Software components currently present on the system can, in spite of representations made by their respective manufacturers, have an adverse affect on the otherwise normal operation of other software components presently on the system or that may be added or upgraded on the system in the future.  As a result, GS assumes no responsibility in the event that such a bug or failure occurs.
  • GS, clearly demonstrated to CLIENT the successful completion of desired services.
  • CLIENT agrees to pay GS the full amount indicated on the invoice for those services itemized on the invoice.
  • CLIENT understands and agrees that, unless otherwise agreed upon by a signed written statement, due to the fact that GS has no control over the future operation, alteration, or any other use whatsoever by any person(s) or entity, of the client’s system(s), site(s), network(s), and related equipment, GS does not provide any warranties, either express or implied, for any claims arising out of, or in relation to, completed work or products sold.  


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.

Post-Service Limitation of Liability

Last Updated on 05/13/2019