As a customer of KLiP Interactive, and by use of the Services offered, you agree to the following:
(a) By subscribing to any Service provided, you hereby authorize KLiP Interactive and/or its authorized contractors to install a transceiver, modem, software, wiring and other equipment (the "Equipment") as required at the location where you are receiving the Services (the "Premises") necessary to provide, maintain or repair any service or the combination of any VoIP, Data or Cable services (the "Services") in which you have subscribed to.
(b) Any custom installation work that you request, including placing cable under carpet, through cabinets, through interior walls or inside molding, may be subject to an additional charge for labor and / or materials.
(c) KLiP Interactive will not be liable for any alterations to the Premises that result from the installation or removal of the Equipment, including, but not limited to, holes in walls, cable wiring or antenna mounting brackets.
(d) You warrant that you are at least 18 years of age and that you own the Premises, or have received permission from the owner to make any changes to the Premises needed to install the Equipment to receive the Services in which you have subscribed. Additionally, it is your obligation to confirm that the placement of any KLiP Interactive provided equipment on the Premises is not in violation of any covenants, conditions or restrictions.
(e) You agree to allow KLiP Interactive or its subcontractor's access to the Premises to perform installation, repair or maintenance services in support of the subscribed Services.
(f) KLiP Interactive may revise, modify or discontinue any or all aspects of the Services, including but not limited to service and Equipment prices, any applicable tariffs, and any terms of this Agreement.
(g) Notice to you of any revisions or modifications will consist of updating the terms on the KLiP Interactive web site or sending an email to the account you provided when subscribing to the Service.
(h) KLiP Interactive provides broadband services on an "as is" and "as Available" basis, and assumes no responsibility or liability for interruption of the any or all of the Services.
(i) KLiP Interactive will not install any software or hardware on any computer. Modifications will be limited to settings or configuration of existing software or hardware, as required to setup and activate the subscribed Services. This is usually limited to the email client, network card or firewall settings. KLiP Interactive will not perform any maintenance or repair services not directly related to the subscribed Service including: Operating System or program updates, virus or spyware scans or removal, driver updates, or general maintenance.
(a) Neither KLiP Interactive nor its authorized contractors will be liable for any loss of data or damage to hardware that occurs during installation or maintenance of or any service performed on your computer in support of the Services subscribed. You agree that it is your responsibility to completely backup your computer prior to any installation or service performed. You further agree that KLiP Interactive nor its authorized contractors are not responsible for any problems with your computer following the installation or maintenance of any Service provided.
(b) Your exclusive remedy for any and all losses resulting from the installation of equipment and your use of the services, including either KLiP Interactive or its authorized contractor's negligence, will be limited to fees paid to KLiP up to the time the damage is discovered.
(c) THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER KLIP INTERACTIVE NOR ITS AFFILIATES WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(d) KLIP INTERACTIVE, ITS AFFILIATES AND ITS SUBCONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING PERSONAL INJURIES, PROPERTY DAMAGE OR LOSS OF BUSINESS, THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF OFFERS, CLAIMS, REPRESENTATIONS, PROMOTIONS AND TRANSACTIONS, INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE INTERNET OR THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSION OR ANY FAILURE OF PERFORMANCE.
You agree to indemnify, defend and hold KLiP Interactive, its affiliates and subcontractors harmless from any claims made by third parties arising out of the use of the Equipment and/or the Services by you or an authorized user of your account, including the placement or transmission of any message, information, software or other materials on the Internet. These limitations on liability and indemnification provisions inure to the benefit of and apply to: (1) KLiP Interactive's parent, subsidiary and affiliated companies; (2) any successor to business by way of merger, purchase of assets, or operation of law; and (3) any contractor or subcontractor performing work on behalf of KLiP Interactive.