Remote Access Liability Disclaimer
By allowing Esentia Systems to remotely access your computer equipment, you agree to the following terms and conditions:
1. Permission to Remotely Access
2. Computer, Network, Hardware, Software and/or Stored Data
This document specifically grants Esentia Systems permission and passage to access client’s computer and data networks, hardware, programs and stored data files. This access is granted to facilitate the evaluation of the state of the computer, its programs, settings and data to determine what problem(s) may need to be corrected. Esentia Systems may troubleshoot, evaluate, run programs or install/uninstall software, reconfigure and/or otherwise perform service or technical support work on said computer, any network or equipment that is attached, either directly or through an internal network. Esentia Systems may make any changes that they determine are necessary to increase the performance of the computer equipment and/or to alleviate the problem at hand or any other problem discovered during the course of Esentia Systems remote evaluation and assistance.
This permission is granted fully, without limit and willfully by remote support client, and said evaluation takes place at client’s direct request. In no event shall Esentia Systems be liable for any data loss, either currently or previously stored on any computing equipment at clients home or on client’s business network, further clarifying and affirming the separation of liability authorized and executed by client. By allowing Esentia Systems remote access, client agrees to all of these terms and conditions.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Esentia Systems or its employees or assigns 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 Esentia Systems access to client's computer(s) or network(s), even if Esentia Systems its employees or assigns have been advised of the possibility of such damages. In any potential litigation Esentia Systems entire liability under any provision of this agreement shall be limited to the amount actually paid by you to Esentia Systems for remote assistance services during this service call event.
IN NO EVENT SHALL ESENTIA SYSTEMS, INCAND/OR ITS EMPLOYEES OR OFFICERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY SOFTWARE, OUR TECHNICAL SUPPORT, FAILURE TO PROVIDE SERVICES, ANY LOSS OF DATA OR USE OF YOUR COMPUTER EQUIPMENT.
This agreement shall be governed by the laws of the United States and shall inure to the benefit of Esentia Systems 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 Baton Rouge, Louisiana. The parties hereby consent to in personam jurisdiction of said courts.
The terms of this agreement may be modified at the sole discretion of Esentia Systems without notice. Jan 01 2011
By clicking "I ACCEPT" you agree to the above Remote Access Liability disclaimer.
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