You have requested service from Cascade Access LLC d/b/a Reliance Connects; hereafter referred to as Reliance Connects or RC or the Company. Reliance Connects will diagnose and service your computer for a fee as described.
Payment. Once service is complete, your payment for the actual costs incurred and the final sum owed Is due upon completion. Should it be determined In the course of the performance of diagnostics that the problems on your computer are hardware based, the company will notify you of same and you may choose to have RC perfom the hardware repairs, or send your PC to a third party. Diagnostic fees will still be applicable. No adequate estimate of that expense can be determined without actually testing the hardware Completing the diagnostic process.
Transfer or Installation of Services. Unless otherwise agreed, RC is not liable for and you agree to hold RC harmless from any and all damages, costs, and expenses Incurred as a result of any defect or damage to any software or data residing or recorded In your computer, whether Incurred during the course of RC services or otherwise. 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.
Warranty. In servicing your computer, Reliance Connects warrants that service will be performed in a professional and timely manner. All services are warranted for a period of 30 days at the discretion of the company. There Is NO warranty for removal of viruses, spyware, adware, or malware; if a repeat effort for malicious software is required, 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 SUCH ITEMS, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTIBILTY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED. IF RELIANCE CONNECTS CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THE LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILTY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURANTIO OF THE EXPRESS LIMITED WARRANTY ONLY.
Limitation of Liability. IF ANY DAMAGE SHOULD OCCUR WHILE YOUR COMPUTER OR SYSTEMS ARE BEING SERVICED, RELIANCE CONNECTS HAS NO LIABILITY FOR THE COST OF REPAIR OF THE AFFECTED COMPUTER. RELIANCE CONNECTS ENTIRE LIABILITY TO YOU FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE SERVICE OF YOUR COMPUTER, WHETHER DUE TO RC’S ERROR OR NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO THE AMOUNTS THAT YOU PAY RC FOR SUCH SERVICE. RC HAS NO LIABILTY WHATSOEVER FOR INDIRECT, SPECIAL EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER NOT OTHERWISE EXPRESSLY PERMITTED UNDER THIS AGREEMENT. RC EXPRESSLY HAS NO LIABILITY FOR LOSS OF OR DAMAGE TO DATA OR SOFTWARE APPLICATIONS WHILE PERFORMING SERVICE. YOUR ONLY REMEDY UNDER THE REPAIR TERMS AND CONDITIONS IS TO SEEK RECOVERY OF DAMAGES AGAINST CU IN AN AMOUNT NOT TO EXCEED WHAT YOU PAID FOR THE SERVICE.
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 RC to commence its services for you.
This agreement shall be construed under the laws of the State of Oregon. In the event any disputes 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 a 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 Clackamas County, Oregon. Each party shall bear its own costs and expenses of such proceedings, Including any and all resulting attorney fees; providing 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 Oregon. This paragraph is intended to be and shall be construed as a forum selection clause, and the parties agree to be bound hereto.