Mobile Mac Doctors (“Mobile”) 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:
1) hardware and software may stop working at any time and Customer is solely responsible for its own data, 2) Customer has been advised by Mobile to backup its data, and that even if data is backed up, it is still susceptible to loss, 3) in the event Customer retains Mobile to recycle its computer with Apple, Mobile is not responsible for any Customer data remaining on the hard drive in the event Mobile is unable to access the computer to remove it, and 4) Mobile will utilize its best efforts to identify any scam attacks undertaken by third parties but is not responsible for any data breach or loss resulting from such attacks. Customer agrees that in no event shall Mobile 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 Mobile’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 Mobile’s advice) is the direct and primary cause of such loss.
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