Terms of Service
1. Indemnification - Client agrees that it will protect, indemnify, save and hold AlwaysManaged.com harmless from any and all stipulations, liabilities, losses, expenses and claims, including, without limitation, reasonable attorney's fees assessed against AlwaysManaged.com, its agents, customers, officers, shareholders, directors, employees and administration that may arise or result from any service provided or performed, or any product sold by its customers, agents, employees, or assigns. Customer agrees to defend, indemnify, and hold AlwaysManaged.com harmless against liabilities arising out of: (1) any injury to person or property caused by any products sold or distributed in association with AlwaysManaged.com's Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright, trademark patent, or other intellectual property violation and any defective products sold to a customer from AlwaysManaged.com's Services.
2. Governing Law - The validity, interpretation, construction and performance of this agreement shall be governed by the laws of the State of California. The California state courts of Los Angeles County, California (or, if there is exclusive federal jurisdiction, the United States District Court for the District of California) shall have exclusive jurisdiction and venue over any dispute arising out of this agreement, and customers hereby consent to the jurisdiction of such courts.
3. Liability - Client understands and agrees that AlwaysManaged.com shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or otherwise intangible losses, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or doncut of any third party on the service; or (v) any other matter relating to the service.
4. Disputes - All payments made to AlwaysManaged.com in exchange for services rendered by or promised by AlwaysManaged.com are nonrefundable unless service has not been rendered by AlwaysManaged.com and a statement has been issued by both parties acknowledging same. Overcharges or billing disputes must be reported by the Client to AlwaysManaged.com within 30 days after the date of initial charge in order to be eligible for refund.
5. Force Majeure - Client agrees that AlwaysManaged.com will not be held responsible for delays, damages, or failures in performance due to causes beyond AlwaysManaged.com's reasonable control, including but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, or an inability to obtain necessary equipment or services.
6. Refusal Of Service - AlwaysManaged.com reserves the right, at its sole discretion, to refuse or cancel service at any time for any reason. In accordance with section (4) of this Terms of Service, if both parties acknowledge in writing that AlwaysManaged.com is unable to provide a reasonable level of service to meet the Client's requirements, that a refund in full for any and all charges imposed for that particular service will be issued.
7. Security & Privacy - AlwaysManaged.com agrees to store Client's passwords in a reasonably safe fashion, and not to store any credentials deemed to be reasonably important by AlwaysManaged.com for a period of more than 30 days after service has been rendered, unless otherwise requested by Client or service is of an ongoing nature and has not been discontinued by either party.