PC Miracles Terms & Service Agreement

In no event shall P.C. Miracles, including it’s owners, or its agents, employees, be liable for special or incidental or consequential damages including but not limited to loss of profit or opportunity, cost of procurement or substitution of any goods or services or resulting from any goods or services resulting from transactions such as uploads or downloads or transmissions of data, for a manufacturer’s component or product which is installed or selected as part of the service package provided by P.C. Miracles. Customer’s sole and exclusive remedy is stated in any product manufacturer’s end user warranty accompanying any such product or component. In no event shall P.C. Miracles’ liability exceed the repair, replacement or product purchased from P.C. Miracles. Customer must pay any shipping, handling and/or labor charges related to such warranty.

Each product and service provided by P.C. Miracles has parameters of appropriate use and maintenance. P.C. Miracles, Inc. will not be responsibility or liable for acts or omissions of the Customer which affect the operation or use of data systems, electronic publishing, data capture, artificial intelligence, networks, operating systems, hardware, software, computers or telephony or any other service or product supplied including transmission of data, data storage and retention, or other intangibles. Customer, including its assigns or successors in interest, agrees to indemnify and hold P.C. Miracles, Inc., including its owners, agents and employees, harmless from any and all claims, liabilities, losses, damages, costs and expenses, joint or several, under statute, common law or otherwise, arising out of, based on or in connection with access, use, inability to use or misuse of any product or service provided by P.C. Miracles, Inc..

P.C. Miracles, Inc. makes no guarantee that any information it provides with respect to maintenance or use of equipment, devices or programs may be accurate or may not vary over time with technological innovations or some other reason, or by the inclusion or exclusion of another device, environmental condition or other cause. Certain conditions may create danger to accurate output or damage to data, equipment, software or hardware. P.C. Miracles, Inc. provides information only in good faith, but provides no warranties whatsoever, and assumes no legal responsibility or liability for the accuracy, completeness, or usefulness of any use or maintenance information supplied.

P.C. Miracles, Inc. is not responsible for any use or data compiled or collected from any system or the infringement of any intellectual property or invasion of privacy or violation of the rights or interests of any person or entity, or violation of any law, statute or obligation performed by Customer or its agents. Customer, including its assigns or successors in interest or employees or agents, agrees to indemnify and to hold P.C. Miracles, Inc., including its owners, agents and employees, harmless from any and all claims, liabilities, losses, damages, costs and expenses, joint or several, under statute, common law or otherwise, harmless from any use but Customer which damages or purported damages any person’s interests, rights or violates or purports to violate any law, statute or interest of any nature.

Customer understands and agrees that P.C. Miracles, Inc. access to and use of Customer data and equipment during the course of service or installation of any product or components, including but not limited to wires, technology, software, hardware, devices, equipment, or program, data systems, electronic publishing, data capture, artificial intelligence, networks, operating systems, computers or telephony or any other service or product supplied including transmission of data, data storage and retention, or other tangible or intangibles, is completely at the Customer’s own risk. Any liability or cumulative liability arising from any claims, liabilities, losses, damages, costs and expenses, joint or several, under statute, common law or otherwise, arising out of, based on or in connection with P.C. Miracle’s access to or use of such data and equipment shall not exceed the total amount of any basic service fees paid to P.C. Miracles, Inc. for work, services or components provided by P.C. Miracles, Inc. in the prior year or under this service contract, whichever is the lesser amount. Customer agrees that P.C. Miracles, Inc., including its owners, agents and employees, shall have no liability for any special or incidental or consequential damages.

No provision contained in this Agreement is intended to confer on any party who is not an express signatory to this Agreement, any right, interest or benefit, or to represent any promise, guarantee, or standard of service to be provided any third party under any circumstances notwithstanding any language contained in any provision of this Agreement.

Customer recognizes that P.C. Miracles, Inc. has a proprietary interest in its trade and service marks, business affairs, ideas, plans, designs, projects, methods, finances, forms, brochures, documents, manuals, written materials, strategies, employees and operations, no matter the method of transcription or recordation. Customer shall keep absolutely confidential P.C. Miracles, Inc.’s private concerns, including its affiliates’, agents', owners’, affairs, business, ideas, plans, designs, programs, projects, both actual and proposed, methods, finances, strategies, proprietary information such as engineering drawings, operating parameters, technical information and data and operations and will not disclose to others without express authorization by P.C. Miracles, Inc. Any such matters which Customer may learn, be shown or acquire in connection with Customer’s work, service or access to such matters, for any purpose, remains the property of P.C. Miracles, Inc. Customer is hereby notified that no domains will be transferred to customer control unless Customer account is in a current state. Customer recognizes that employees of P.C. Miracles shall work exclusively for P.C. Miracles and Customer agrees that they shall not contract work to be done by said employee without the knowledge or consent of P.C. Miracles. This shall apply even if employee of P.C. Miracles separates employment with P.C. Miracles. All information disclosed by P.C. Miracles, Inc. and information obtained by Customer is to be used solely to further services and products pursuant to this Agreement.

Customer employees remain solely the employees of Customer, and P.C. Miracles, Inc. is not responsible and assumes no responsibility for any Customer employee compensation or for any federal, state, or local tax liability. P.C. Miracles, Inc. will not withhold on behalf of any Customer employee any sums for income tax, unemployment insurance, social security or any other withholding, nor make available to any Customer employee any benefits afforded to P.C. Miracles, Inc. employees (including retirement, profit sharing, workers' compensation, health insurance or other similar benefits). All Customer employee compensation, tax withholding and benefits are the sole responsibility of Customer.

The invalidity or unenforceability of any term or provision under this agreement shall in no way affect the validity or enforceability of any other term or provision of this agreement. This Agreement contains the entire agreement between the parties relating to the rights granted in it and the obligations assumed under it. No modifications, changes or discharge of this Agreement may occur orally but only by further written agreement of the parties. A waiver by either of the parties of any provision shall not waive any other provision.

Customer understands and agrees that the laws of Michigan apply and submits to the exclusive jurisdiction of Michigan for resolution of any dispute with P.C. Miracles, Inc. Customer agrees to personal jurisdiction in Michigan and further agrees that any dispute under this Agreement or in connection with this Agreement will be subject exclusively to binding arbitration in accord with the procedures and policies set forth for commercial arbitration by the American Arbitration Association of Michigan. The arbitration will be conducted in Oakland County, Michigan.