Mobile Mac Doctors (“MMD”) warrants that its services will be performed in a professional manner conforming in all material respects to prevailing industry standards and practices. Customer acknowledges that it is impossible to guarantee the trouble-free performance of computer and phone hardware and software or the absolute security of all computer systems, phones and other devices. Customer acknowledges that hardware and software may stop working at any time and that Customer is solely responsible for their own data. Customer further acknowledges that it has been advised by MMD to backup its data, and that even if data is backed up, it is still susceptible to loss. Customer agrees that in no event shall MMD be liable for any damages, losses, or expenses arising from or in connection with any loss of data, or any hardware or software failure, except to the extent that MMD’s gross negligence or fraud (and not, e.g. equipment failure, software failure, “phishing” attacks or the fraudulent acts of third parties, or Customer’s failure to follow MMD’s advice) is the direct and primary cause of such loss.
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