Bluffton Communications LIMITATION of Liability
LIMITATION OF LIABILITY: IN NO EVENT WILL Bluffton Communications BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE removal of viruses and spyware, EVEN IF Bluffton Communications OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL EVENTS Bluffton Communications will not be LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID. We do not exclude any liability for death or personal injury due to our negligence. GENERAL PROVISIONS: This Agreement with you, set out in these Member Terms and Conditions, is governed by US law in the State of South Carolina and you and we submit to the non-exclusive jurisdiction of the Beaufort County, South Carolina USA in the event of any dispute regarding these Terms or the Service or the Site or any matter related thereto.
Bluffton Communications will not be liable for any of the following: 1) DEFECTIVE computer parts and their peripherals are not stated in Bluffton Communication's agreement. 2) Damages occurred before arrival of Bluffton COMMUNICATIONS. 3) Damages for loss of data or files due to inappropriate, confusing and misleading instruction by client. 4) Damages for loss of data, files or folders. 5) Damages on CDs, DVDs, floppies or other storage media for which were not removed from the drives. 6) Damages relating to unpredictable accident or disaster such as fire, flooding, storm, lightening and so on. 7) Networking problems with the server or network design which are installed or maintained by third parties, e.g. incorrect protocol, malformation of the network topology, cable or device failure during the network configuration and so on. 8) Bluffton Communications assumes all the software which are provided by customers ARE LEGAL copies and customers will take all the responsibilities. No Consequential Damages - In no event shall Bluffton Communications, its subsidiaries or affiliates, or their respective officers, directors, employees, representatives, agents, contractors or suppliers be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not Bluffton Communications has been advised of the possibility of any such damages.
Limitation of Liability - IN NO EVENT SHALL Bluffton Communications, ITS
PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, REPRESENTATIVES, OR AGENTS BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO, LOSS
OF DATA, USE, OR PROFITS), HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT,
NEGLIGENCE, OR OTHERWISE, regardless if PARTIES HAVE BEEN ADVISED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. YOU AGREE THAT THE Bluffton Communications
PARTIES MAXIMUM LIABILITY SHALL NOT EXCEED THE PRICE OF this onsite visit. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR CERTAIN
DAMAGES SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE
EXTENT SUCH JURISDICTIONS LAW IS APPLICABLE TO THIS AGREEMENT. Revisions to
these terms and conditions - Bluffton Communications may revise these terms and
conditions at any time. The Client certifies that He/She has read and agrees to
be bound by these Bluffton Communications Terms and Conditions.