REMOTE ASSISTANCE PERMISSION AND RELEASE AGREEMENT (“Agreement”) BETWEEN USER (herein referred to as “YOU,” “YOUR,” and “USER”) AND RAPATTONI CORPORATION (herein referred to as “Rapattoni”)
Rapattoni will provide personal computer maintenance (“SUPPORT”) to YOU conditioned on YOUR acceptance without modification of the terms, conditions, and notices contained herein. YOUR acceptance of this Agreement constitutes YOUR agreement to all such terms, conditions, and notices. For purposes of this Agreement, SUPPORT shall mean and refer to, but not be limited to the following: installation of applications, removal of applications, configuration of applications, spyware cleanup, installation and configuring of patches, network configurations, SQL server configurations, installation and removal of drivers, configuring of director name service, and configuring the distribution of internet provider addresses to the network.
YOU acknowledge and agree that YOU have requested that Rapattoni remotely connect to YOUR personal computer, server, and/or network via the internet to provide SUPPORT to YOU. To provide SUPPORT, YOU authorize Rapattoni to connect to and access YOUR personal computer, server, and/or network and control the desktop computer, mouse, and keyboard.
YOU expressly acknowledge that YOU have been advised that Rapattoni’s suggested procedure for SUPPORT is for YOU to document YOUR issue and submit it to Rapattoni for evaluation and testing. YOU further acknowledge and agree that by requesting Rapattoni to provide SUPPORT by connecting to YOUR personal computer, server, and/or network, there is a possibility that YOUR personal computer, server, and/or network may be damaged, YOU may suffer an invasion of privacy, YOU may incur damages to YOUR hardware and software, and YOU may lose data. Notwithstanding the possibility of such damage, YOU hereby expressly grant Rapattoni permission to remotely connect to YOUR personal computer, server, and/or network, and YOU agree to permit Rapattoni to record the screen activity during the SUPPORT.
RAPATTONI MAKES NO REPRESENTATIONS OR WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, WITH RESPECT TO ANY ASPECT OF THE SUPPORT. RAPATTONI MAKES NO WARRANTIES THAT SUPPORT WILL BE COMPLETE, ACCURATE, OR ERROR FREE.
In consideration for the SUPPORT, YOU hereby waive and release any and all claims YOU may have or will ever have against Rapattoni and its employees, agents, affiliates, officers, directors, employees, and attorneys relating to or arising out of any damage or loss of any nature whatsoever that results, directly or indirectly, from the SUPPORT.
YOU agree to indemnify and hold harmless Rapattoni and its officers, directors, employees, attorneys, and agents, as well as its suppliers, their licensors, vendors, content providers, officers, directors, attorneys, agents, and contractors (the “Indemnified Parties”) from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties arising from the SUPPORT and/or any breach of this Agreement by YOU.
This Agreement is governed by the laws of the state of California, U.S.A. YOU hereby consent to the exclusive jurisdiction and venue in Ventura County, California, U.S.A., in all disputes arising out of or relating to this Agreement and/or the SUPPORT.
YOU agree that no joint venture, partnership, employment, or agency relationship exists between YOU and Rapattoni as a result of this Agreement or SUPPORT.
Rapattoni’s performance of this Agreement is subject to existing laws and legal processes, and nothing contained in this Agreement is in derogation of Rapattoni’s right to comply with law enforcement requests or requirements relating to the SUPPORT or information provided to or gathered by Rapattoni with respect to the SUPPORT.
YOU may not assign this Agreement, or any of its rights or obligations hereunder, without Rapattoni’s written consent.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between YOU and Rapattoni with respect to the SUPPORT, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between YOU and Rapattoni with respect to the SUPPORT. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND BY CLICKING THE “ACCEPT” BUTTON, YOU ACCEPT ITS TERMS AND CONDITIONS. THIS AGREEMENT MAY ONLY BE AMENDED BY A WRITTEN AGREEMENT SIGNED BY AUTHORIZED REPRESENTATIVES OF BOTH PARTIES.