Agreement for Castle Builder’s Website Troubleshooting Services
In the rare event that on the phone call, Amélie, in her sole discretion, determines that the Client’s problem is inappropriate for the type of troubleshooting offered via the Services, Client will be refunded $100.00 of the fee specified in Paragraph 6, and will be absolved of paying the entire fee.
In the rare instance that Castle Builder determines, based on the initial phone consultation and in Amelie’s sole discretion, that a sufficient assessment of Client’s issue cannot be performed within the time frame, Castle Builder will refund Client $100.00 of the Service Fee, and will keep $50.00, which will cover Castle Builder’s time and services rendered on the call.
Castle Builder hereby grants to Client a worldwide, limited, non-exclusive license to use, reproduce, copy, print, and distribute the contents of the Summary Report solely to a third party that has been engaged by Client to assist with the Website, provided that the purpose of such use, reproduction, copying, printing, and distribution is for the sole purpose of addressing a technical problem on the Website. In no circumstances is Client authorized to sell the Summary Report, or permit others to do so.
CLIENT’S USE OF THE SERVICES IS AT THEIR OWN RISK. CASTLE BUILDER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED VIA THE SITE AND SERVICES. CLIENT EXPRESSLY AGREES THAT THEIR USE OF, OR INABILITY TO USE THE SERVICE IS AT THEIR SOLE RISK. THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO CLIENT THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY CASTLE BUILDER) PROVIDED “AS IS” AND “AS AVAILABLE” FOR USE, WITHOUT ANY REPRESENTATION, OR CONDITIONS OF MERCHANTABILITY, MERCHANDISE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL CASTLE BUILDER, ITS OWNERS, EMPLOYEES, INTERNS, AGENTS, LICENSORS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM CLIENT’S USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO CLIENT’S USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, IN SUCH STATES OR JURISDICTIONS, its LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Both Parties have read, understood, and agreed to the terms of this Agreement.
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Signed by Amelie Walker-Yung
Signed On: December 13, 2018
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Document Name: Agreement for Castle Builder’s Website Troubleshooting Services
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