Three Sages Productions

IMPORTANT: THIS IS A LEGAL DOCUMENT

We ask that you read this agreement in full before we proceed with any work on your system. Please read and understand this document before agreeing to these terms and conditions. If you have any questions please ask us for clarification or consult an attorney.

THREE SAGES PRODUCTIONS, its agents and service representatives will do everything within our ability to ensure that our customers are satisfied with the results of our service. THREE SAGES PRODUCTIONS offers our spyware and virus removal service as is. We believe business should be conducted honestly, fairly and be subject to reasonableness. We strive to provide the highest quality of service. We cannot guarantee specific results for our services, but will operate under the principles stated above and expect you to do the same. We provide our services in an effort repair the computer systems for which you request such services.

ACKNOWLEDGMENT OF RISK

We wish to inform our customers that spyware and/or virus removal is not risk free. It is due to the risks involved and the unpredictable nature of removing spyware and viruses that THREE SAGES PRODUCTIONS strongly recommends that you back up all your valuable personal data before the attempt is made to remove any malicious software. This is because some spyware or viruses can be programmed to intentionally damage your computer in the event someone attempts to remove it. We are extremely careful to attempt spyware/virus removal without loss of data, but no attempt to remove these programs is immune from risk. Therefore, a data backup prior to spyware removal is essential to protect your irreplaceable personal data from potential loss. We want to reassure you that the overwhelming majority of system repairs we perform will not result in any major problems, but we must make you aware and informed of what can potentially happen in a worst case scenario. We do not want to heighten your fears or reduce your enthusiasm for removing malicious software from your machine. We just want to maximize the likelihood that your valuable data will survive the process.

Removing malicious software is an unpredictable endeavor that can have widely varying results that depend largely on the coding of the programs themselves. While having a solid track record of safely removing malicious software from many machines, THREE SAGES PRODUCTIONS cannot provide you with a guarantee that we can remove all malicious software safely with no resulting data loss or loss of hardware functionality. This is because there are literally thousands of malicious software packages making their way to machines all over the world and they each behave differently, dependent on what their creator wants the program to do. Some malicious software packages merely serve annoying pop-up ads to the end-user and are easily removable with little risk. Others are more invasive in nature, such as keyloggers, trojans, etc. and can be severe security risks for you as you use your computer. Some are coded to destroy data or eliminate system functionality if the user attempts to remove them. Due to this unpredictable nature of the spyware/viruses that may reside on your system, it is possible that the attempted removal of these programs may result in any number of unwanted results. These unwanted results may include the destruction of hard drives, the loss of functionality of various peripherals, the loss of vital system data requiring a reformat of your hard drive and reinstallation of the operating system to restore system functionality, the loss of valuable personal data, etc. But again, such problematic situations are the exception, not the rule.

By signing this agreement, you acknowledge that you have been notified of and accept the potential risks detailed and have been advised by THREE SAGES PRODUCTIONS to back up your data.

RELEASE OF LIABILITY

CLIENT agrees to release and hold harmless THREE SAGES PRODUCTIONS from any and all liability associated with the performance of service, and acknowledges also that THREE SAGES PRODUCTIONS offers no explicit or implied warranty or guarantee on services performed. The foregoing limitation of liability shall apply whether any claim is based on principles of contract, warranty, negligence or other tort, breach of any statutory duty, indemnity, contribution, the failure of any limited or exclusive remedy to achieve its essential or intended purpose of otherwise. CLIENT additionally understands and agrees that this acknowledgment of risk and hold harmless is intended to be as broad and inclusive as permitted by the laws of the State of Florida. If any portion hereof is held invalid, CLIENT agrees that the balance shall continue in full legal force and effect. Further:

1. CLIENT acknowledges that due to the nature of the services being performed, there is potential risk of damage or loss including, but not limited to, damage to CLIENT's computer hardware as well as potential risk of damage, corruption, or loss of computer software, applications, data, and data storage media.

2. CLIENT agrees to release and hold harmless THREE SAGES PRODUCTIONS from all liability for damage or loss as well as any incidental or consequential material or financial damage or loss that may result from the actions of THREE SAGES PRODUCTIONS, its agents or service representatives.

3. CLIENT grants THREE SAGES PRODUCTIONS, its agents and service representatives, access and permission to physically disassemble any and all computer system parts required to repair the system when service is being performed at the location of the CLIENT.

4. CLIENT grants THREE SAGES PRODUCTIONS, its agents and service representatives, access, security rights, and permission to open, view, modify, edit, delete, or otherwise manipulate CLIENT's computer software, applications, data and data storage media including, but not limited to, the computer operating system, graphics, audio, video, system drivers and libraries, and any other type of software or data that may be contained on CLIENT's computer system or network as needed to repair the system.

5. CLIENT grants THREE SAGES PRODUCTIONS, its agents and service representatives, permission to physically access CLIENT's home or office property where CLIENT's computer system resides when service is being performed at the location of the CLIENT.

6. CLIENT grants THREE SAGES PRODUCTIONS, its agents and service representatives, permission to download and/or install software on the CLIENT's computer and/or network, including but not limited to, virus scanners, firewall software, diagnosis and repair utilities, drivers, libraries, and software requested to be installed by CLIENT or deemed necessary by THREE SAGES PRODUCTIONS in the effort to fix the system.

7. Before any work is to begin, the CLIENT must perform a data backup. THREE SAGES PRODUCTIONS can provide this service to the CLIENT for a chargeable fee upon request. If a backup has not been performed and/or CLIENT wishes to waive their right and responsibility to backup the contents of the computer, THREE SAGES PRODUCTIONS, its agents and service representatives are NOT responsible for lost data, lost profits, and loss of use or ANY damages incurred by customer and/or third parties, even if THREE SAGES PRODUCTIONS had been advised of the possibility of such damages. Unless specifically requested and provided as a paid service by THREE SAGES PRODUCTIONS, CLIENT is responsible for any backup, archiving, or protective storage as well as restoration, if required, of CLIENT's data.

8. CLIENT agrees to release and hold harmless THREE SAGES PRODUCTIONS, its agents and service representatives from all liability for damage or loss as well as any incidental or consequential material or financial damage or loss that may result from future damage or loss resulting from software that THREE SAGES PRODUCTIONS recommends for installation during the service of CLIENT’s system. CLIENT acknowledges that all software installation recommendations are made on a good-faith basis whereby THREE SAGES PRODUCTIONS has full expectations for non-problematic use of said software on an ongoing basis, but cannot provide any guarantees or warrantees as to the performance of recommended software in the future. CLIENT agrees that all use of recommended software is at the risk of the CLIENT and that any disputes arising from the use of recommended software lie between the CLIENT and the software manufacturer as detailed in the licensing agreement of the software.

9. If purchasing a system security tutorial, CLIENT agrees to release and hold harmless THREE SAGES PRODUCTIONS, its agents and service representatives from all liability for damage or loss as well as any incidental or consequential material or financial damage or loss that may result from future efforts at improving system security carried out by the CLIENT following the system tutorial advice provided by THREE SAGES PRODUCTIONS, either accurately or in error on the part of the CLIENT. CLIENT acknowledges that system security is a field that is changing on an ongoing basis and that advice provided by THREE SAGES PRODUCTIONS is given on a good-faith basis to improve the CLIENT’s knowledge towards a goal of the CLIENT becoming better equipped to handle security issues themselves. The advice provided by THREE SAGES PRODUCTIONS comes with no guarantee that it will prevent all potential present and/or future system security issues.

10. THREE SAGES PRODUCTIONS is a provider of billable on-site services and does not offer or provide telephone technical support. Neither the signing of this agreement or the performance of services by THREE SAGES PRODUCTIONS implies availability of telephone technical support.

11. This document constitutes the entire agreement between CLIENT and THREE SAGES PRODUCTIONS. No other agreement, whether verbal or written, shall be in effect except if agreed to and authorized in writing.

By proceeding past this page to purchase a virus/spyware removal service or a system security tutorial, CLIENT indicates that he/she has read and understands, and agrees to the terms and conditions of this Release of Liability form. CLIENT may print this page to have a copy of this agreement for themselves.

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