By clicking “ACCEPT”, below, you are requesting Elite Software, Inc. to engage in remote control technical support and to take control of your computer for the purposes of said remote technical support.
To accomplish the foregoing, you will download a remote control screen sharing module (the “Remote Module”) to your computer, as directed by Elite Software to allow a remote control session between Elite Software and a computer or computers on your network. The Remote Module allows you to grant control of your computer to Elite Software’s technician remotely over the Internet, so the technician can diagnose or correct problems on your computer over the Internet. Elite Software’s technicians cannot use the screen sharing software unless you have explicitly consented to its use. You will be required to grant new permission for additional remote sessions.
You further expressly acknowledge there is a possibility Elite Software’s efforts to solve your problems by remotely connecting to your computer systems could result in damage to your computer hardware, software and/or any related systems, including, without limitation, loss of data. Notwithstanding the possibility of such damage, you hereby expressly grant Elite Software permission to remotely connect to your computer network for the purpose of providing remote support as set forth herein.
Notwithstanding the foregoing risks to your data and computer systems, by clicking "ACCEPT", below, you are authorizing Elite Software to download the Remote Module to your computer and you understand Elite Software will have partial or fully unrestricted access to gain access to this computer or computers on your network as well as their contents on your network. Elite Software will then be able to transfer files with or without additional authorization from you. If you are in any way unsure about the identity, technical ability or trustworthiness of Elite Software and do not wish Elite Software to have access to your computer, click "DO NOT ACCEPT", below.
You understand system problems that may not be apparent during normal operations can manifest during remote maintenance and you will not hold Elite Software liable for such problems.
You understand Elite Software’s technicians will make their best effort to resolve your issues but successful remote support is not always possible and your computer may require an onsite or in-shop repair.
You hereby waive and release any and all claims you may have or will ever have against Elite Software and its employees, agents, affiliates, officers, and directors relating to or arising out of any damage or loss of any nature whatsoever that results, directly or indirectly, from Elite Software’s remotely connecting to your computer systems as requested by you in this Agreement, as well as the risk of loss of data and damage to your computer hardware, software and/or any related systems on your network.
You agree to defend, indemnify, save and hold harmless, Elite Software and its officers, directors, agents, affiliates, and employees from any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorney fees arising from or in any way relating to or arising out of any damage or loss of any nature whatsoever that results, directly or indirectly, from Elite Software remotely connecting to your computer and/or recording this session as requested by you herein.
REMOTE ACCESS TECHNICAL ASSISTANCE FROM ELITE SOFTWARE IS PROVIDED ON THE FOLLOWING BASIS:
|1.||ELITE SOFTWARE’S LIABILITY SHALL BE LIMITED TO $50 PER INCIDENT.|
|2.||ALTHOUGH ELITE SOFTWARE CANNOT GUARANTEE THAT THE PROVISION OF ELITE SOFTWARE REMOTE ACCESS TECHNICAL SUPPORT WILL RESOLVE YOUR ISSUE, ELITE SOFTWARE WILL MAKE REASONABLE EFFORTS TO PERFORM SUPPORT SERVICES IN A PROFESSIONAL MANNER. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, ELITE SOFTWARE SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS PROVIDED ABOVE, IN NO EVENT SHALL ELITE SOFTWARE HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT ELITE SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.|
You understand this remote session can be ended by you at any time and that at the end of this session Elite Software personnel will be unable to reconnect to your computer unless you explicitly re-connect them.
This Agreement will be governed by the laws of Florida without reference to principles of conflict of laws.
By clicking the “ACCEPT” button below, you acknowledge you have read, understand, and agree to the terms of this form and grant permission for Elite Software, Inc. to connect to your computer for the sole purpose of resolving your technical issues.