Waiver of Data Liability
Release and Waiver of Liability, Assumption of Risk and Indemnity Addendum Agreement
By accessing any of our services, you (you, hereinafter referred to as “Customer” or “the Customer”) and HEZIO TECHNOLOGY LIMITED COMPANY, a Wyoming Limited Liability Company (hereinafter referred to as “HEZIO”). Customer and HEZIO may hereinafter be jointly referred to as “Parties”, or separately referred to as “Party”
Whereas the Customer desires for HEZIO to conduct various computer system administration services, including but not limited to, the set up, analysis, access, modification, deletion, compression, and/or transfer of Customer’s data (hereinafter referred to as “the data”).
Whereas the Parties Acknowledge through this release to declare that the data may be subject to incidental, accidental, purposeful, negligent and/or erroneous modification or loss. Customer acknowledges and agrees that the data is high risk for erroneous modification and/or loss.
Whereas the Customer acknowledges and assumes full and entire responsibility for these risks of data loss or modification, and agrees to waive Customer’s right to hold HEZIO liable for any damage for any reason, and to indemnify and hold harmless HEZIO from all liability, as shown in the following agreement.
Whereas, the parties wish to place this Agreement into writing.
NOW THEREFORE, in consideration of the mutual promises herein set forth, Parties agree as follows. IN CONSIDERATION of HEZIO accessing, transferring, downloading, modifying, viewing, compressing, transferring, or any other method of administration of the Customer's data in any way, the Customer, for him/herself, his/her personal representatives, heirs, and next of kin HEREBY:
- FOREVER RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE HEZIO, and all of their directors, officers, agents, volunteers and employees, (hereinafter referred to as “Releasees”) FROM ALL LIABILITY TO THE CUSTOMER, his/her personal representatives, assigns, heirs and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF LOSS TO THE PERSON OR PROPERTY OF THE CUSTOMER ARISING OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF HEZIO OR THE RELEASEES OR OTHERWISE. BY PROVIDING ACCESS TO THIS DATA, CUSTOMER ASSUMES ALL RISKS WHETHER KNOWN OR UNKNOWN.
- AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS HEZIO, the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising out of or related to the EVENT(S) WHETHER CAUSED BY THE NEGLIGENCE OF HEZIO. The Customer agrees to release HEZIO and Releasees from any and all claims, liabilities, obligations, promises, agreements, disputes, demands, damages, causes of action of any nature and kind, known or unknown, which Customer has or ever had or may in the future have.
- AGREES that ACCESSING AND TRANSFERING OF CUSTOMER’S DATA MAY BE DANGEROUS and involve risks including but not limited to data corruption, data loss, data interception, data leaking, breaches of privacy, property damage and Customer ASSUMES FULL RESPONSIBILITY FOR ANY RISK WHATSOEVER, INCLUDING BUT NOT LIMITED TO DATA LOSS, DATA DISCLOSURE, PROPERTY DAMAGE arising out of or related to the EVENT(S) whether caused by the NEGLIGENCE OF HEZIO, RELEASEES or otherwise.
- AGREES AND UNDERSTANDS that should any part or portion of this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF ALL RISK, AND INDEMNITY AGREEMENT be determined to be legally invalid or unenforceable for any reason, only such part or portion shall be severed and removed from the Agreement. The remaining provisions and all portions of this Agreement that have not been ruled invalid or unenforceable shall independently survive and remain in full force and effect, with only the invalid or unenforceable part or portion of this Agreement to be deemed stricken, unenforceable and severed from this Agreement.
- AGREES that nothing in this Agreement shall be construed to constitute an agency, formation of a new company, formation of partnership legal entity, joint venture legal entity, or other similar relationship between the Parties.
- AGREES that this Agreement will remain in full force and effect in perpetuity.
- AGREES that this Agreement shall not be in any way construed as an admission by HEZIO that it has acted wrongfully with respect to Customer or any other person, that it admits liability or responsibility at any time for any purpose, or that Customer has any rights whatsoever against HEZIO for matters pertaining to Customer’s data.
- AGREES that in the event that any dispute arises hereunder, it is specifically stipulated that this Agreement is executed, and therefore shall be construed, in accordance with and governed by the laws of the State of Wyoming and the United States of America. Any breach hereof by Customer, Customer’s employees and/or agents shall entitle HEZIO to all remedies available pursuant to such laws.
- AGREES that this Agreement may not be altered, amended or modified, except by a written document entered into by the Parties.
- AGREES that they fully understand their right to review all aspects of this Agreement with attorneys of their choice, that they have had the opportunity to consult with attorneys of their choice, that they have carefully read and fully understand all the provisions of this Agreement and that they are freely, knowingly and voluntarily entering into this Agreement.