TERMS OF SERVICE FOR SUPPORT305 SITE INSPECTIONS, CONSULTATIONS, SURVEYS, AND SITE VISITS 

POTENTIAL CUSTOMERS, EXISTING CUSTOMERS, CUSTOMERS, AUTHORIZED USER, AND THE LIKE (“CUSTOMER”) CONSENTS TO MISTRY INC., SUPPORT305, RACKWIZARDS, ITS OWNERS/DIRECTORS, OFFICERS, EMPLOYEES/STAFF, AFFILIATES, SUBSIDIARIES, TECHNICIANS, AGENTS, VEHICLES, AND EQUIPMENT (“PROVIDER”) PRESENCE ON, USE OF, AND THE LIKE, ON CUSTOMER’S PROPERTY, INCLUDING BUT NOT LIMITED TO CUSTOMER’S PHYSICAL LOCATION, OFFICES, BASEMENTS/ATTICS, BUSINESS ESTABILISHMENT(S), HOME/HOMEOFFICES, WEBSITE(S), COMUPTER SYSTEM, PHONE SYSTEM, TECHONOLOGY SYSTEM, WIRING/CABLING SYSTEMS, TELEVISION AND STEREO SYSTEMS, ALARM AND SECURITY SYSTEMS, AND THE LIKE (“SITE”) FOR THE PURPOSE OF INSPECTION, SURVEY, CONSULTATION, INFORMATION TECHNOLOGY SERVICE(S), CABLING/WIRING, INTERNET/EMAIL/HOSTING, INFORMATION TECHNOLOGY SERVICES, INSTALLATION AND REMOVALS OF EQUIPMENT AND CABLING/WIRING AND THE LIKE, MONITORING, MAINTENANCE/REPAIR/REMOVAL/REPLACEMENT, SECURITY SYSTEM INSTALLATION AND THE LIKE, PHONE SYSTEM INSTALLATION AND THE LIKE, STEREO AND TELEVISION INSTALLATION THE LIKE, FIXTURE INSTALLATION AND THE LIKE, RACK INSTALLATION AND THE LIKE, AND THE LIKE (“WORK”). CUSTOMER AGREES TO HOLD PROVIDER HARMLESS AND INDEMNIFY PROVIDER FOR ANY AND ALL LOSSES WHICH MAY OCCUR ON CUSTOMER’S SITE AS A RESULT OF PROVIDER’S WORK. PROVIDER IS NOT RESPONSIBLE FOR ANY AND ALL LOSSESS, DAMAGES, LIABILITIES, AND THE LIKE, WHICH MAY OCCUR WHILE PROVIDER IS AT CUSTOEMR’S SITE. CUSTOMER EXPRESSLY AGREES THAT USE OF PROVIDER’S WORK IS AT THE SOLE RISK OF CUSTOMER. CUSTOMER AGREES THAT THE USE OF THE WORK BY CUSTOMER AND ARE AT YOUR OWN RISK AND THAT THERE IS NO WARRANTY OF INTERRUPTED OR ERROR-FREE WORK OR ACCURACY OR RELIABILITY. 

PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROPERTY, ITEMS ON SITE, EQUIPMENT, SERVICES, PROFITS/FUNDS/INCOME, DATA OR CONFIDENTIAL INFORMATION, OR THE LIKE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, COSTS OR PROCUREMENT OR SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION ARISING FROM OR RELATING TO THIS TERMS OF SERVICE AND/OR ARISING FROM OR RELATING TO THE WORK, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE, THAT RESULT FROM THE USE OR INABILITY TO USE THE WORK OR FROM MISTAKES, OBMISSIONS, INTERRUPTIONS, DELETION OF FILES OR DIRECTORIES, LOSS OF DATA, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, LOSS AND/OR DAMAGE TO PROPERTY, AND/OR ANY FAILURE OF PERFORMANCE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INDLUDING NEGLIGENCE OR OTHER TORTS, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR LOSS. PROVIDER SHALL NOT INSURE CUSTOMER AND IS NOT LIABLE FOR ANY ACTIONS, DAMAGES, LOSSES, LIABILITIES, OR THE LIKE AS A RESULT OF WORK ON CUSTOMER’S SITE.  

PROVDER MAKES NO WARRANTIES OR CONDITIONS OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES (IMPLIED OR EXPRESS) OF MERCHANTABILITY, MERCHANTABLE QUALITY, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, SECURITY, FREEDOM OF ERROR, NON-INTERRUPTION, NON-INTERFERENCE, NON-AGREEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT,  ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE, INTERFERENCE WITH CUSTOMER’S ENJOYMENT OF THE INFORMATION OR AGAINST INFRINGEMENT REGARDLESS OF WHETHER THE ACTION AROSE INSIDE OR OUTSIDE THE UNITED STATES, INACCURACY, SYSTEMS INTEGRATION, AND OUR OBLIGATIONS UNDER THIS AGREEMENT WILL FULFILL ANY OF CUSTOMER OR ANY AUTHORIZED USER’S PARTICULAR PURPOSES OR NEEDS. 

CUSTOMER ACKNOWLEDGE AND AGREES CUSTOMER HAS RELIED ON NO WARRANTIES EXCEPT OUR LIMITED EXPRESS WARRANTY HEREIN. 

BY CHECKING THE BOX BELOW, 

CUSTOMER UNDERSTANDS AND AGREES TO THE ABOVE TERMS OF SERVICE.