When you choose PCB Solutions to service your PC, you acknowledge and agree with the terms and conditions of PCB Solutions (hereafter referred to as "the company") and the disclaimers contained herein. Furthermore you agree to release, indemnify and hold harmless the company, its officers, directors, agents, employees, proprietors, moderators, and administrators from and against any and all liability for any claims, costs, expenses or damages of any nature whatsoever (including without limitation any such claims, costs, expenses or damages which are direct, indirect, contingent, consequential, or punitive) that such users may incur in connection with the support services performed by the company.
Limitation of Liability
If any damage should occur while your computer or systems are being serviced, the company has no liability for the cost of repair of the affected computer. The company's entire liability to you for damages arising from any cause whatsoever with respect to service of your computer, whether due to the company's error or negligence or to any other reason, is limited to the amounts that you pay the company for such service to the affected machine. The company has no liability whatsoever for indirect, special, exemplary or consequential damages, including without limitation loss of use, lost profits or revenue, or any other damages whatsoever not otherwise expressly permitted under this agreement. The company expressly has no liability for loss of or damage to data or software applications while performing service. Your only remedy under repair terms and conditions is to seek recovery of damages against the company in an amount not to exceed what you paid to the company for service.
Warranty of Service
In servicing your computer, the company warrants that service will be performed in a professional and timely manner. All services are warranted for a period of 7 days at the discretion of the company. There is NO warranty for removal of viruses, spyware, adware or malware; if they are the cause of a repeat effort, you will be charged again for that service.
This warranty and remedy are exclusive and in lieu of all other warranties, remedies, and conditions, whether oral or written, express or implied, with respect to any and all services performed for you by the company. The company specifically disclaims any and all implied warranties with respect to such items, including, without limitation, warranties of merchantability and fitness for a particular purpose, whether express or implied. If the company cannot lawfully disclaim implied warranties under this limited warranty, all such warranties, including warranties of merchantability and fitness for a particular purpose are limited in duration to the period of the express limited warranty only.
Data Protection
You agree and understand that it is your (the customer's) responsibility to maintain copies of all important data on your computer, and to obtain such copies prior to authorizing the company to commence its services for you.
Transfer or Installation services
If service involves transferring information or installing software, you represent that you have the legal right to copy the information, to use the software and agree to the terms of the software license, and you authorize the company to transfer the information and accept such terms on your behalf in performing the service.
Force Majeure
A party is not liable for failure to perform the party's obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. No party is entitled to terminate this Agreement in such circumstances.
If a party asserts Force Majeure as an excuse for failure to perform the party's obligation, then the nonperforming party must prove that the party took reasonable steps to minimize delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the other party was timely notified of the likelihood or actual occurrence of an event described above.
Claims & Disputes
This agreement shall be construed under the laws of the State of Pennsylvania. In the event any dispute arises under this agreement or in any manner concerning the subject matter thereof, the parties agree that any such dispute shall be subject to binding arbitration only, and the parties expressly waive any and all rights they may have to otherwise proceed with such dispute resolution in a court of law.
Any and all binding arbitration proceedings shall be undertaken as "fast track" proceedings and shall only be commenced in Montgomery County, Pennsylvania. Each party shall bear its own costs and expenses of such proceedings, including any and all resulting attorney fees; provided, however, that the prevailing party in such proceedings may have the right to recover attorney fees against the opposing party if such fees are otherwise recoverable in disputes of that type under the laws of the State of Pennsylvania. This paragraph is intended to be and shall be construed as a forum selection clause, and the parties agree to bound hereto.
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