Disclaimer
Warranty and Liability
Limitation of Warranty
Yeo & Yeo Computer Consulting, LLC warrants that the services performed under an Agreement will be performed using generally accepted industry standards and practices.
THE WARRANTY ABOVE IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR PRODUCTS PROVIDED UNDER AN AGREEMENT, THE PERFORMANCE OF MATERIALS OR PROCESSES DEVELOPED OR PROVIDED UNDER AN AGREEMENT, OR AS TO THE RESULTS WHICH MAY BE OBTAINED THEREFROM, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YEO & YEO COMPUTER CONSULTING, LLC SHALL NOT BE LIABLE FOR ANY SERVICES OR PRODUCTS PROVIDED BY THIRD PARTY VENDORS, DEVELOPERS OR CONSULTANTS IDENTIFIED OR REFERRED TO CUSTOMER BY YEO & YEO COMPUTER CONSULTING, LLC DURING ANY ASPECT OF A PROJECT UNDER AN AGREEMENT, ANY WORK ORDER, OR OTHERWISE.
Limitation of Liability
Yeo & Yeo Computer Consulting, LLC's liability to the customer under an Agreement and with respect to any services contemplated by an Agreement shall be limited to the amount actually paid by the customer to Yeo & Yeo Computer Consulting, LLC.
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS), REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Other Agreements
Any and all agreements between customer and the Original Equipment Manufacturer regarding terms and conditions of product sales, including pricing, rebates, delivery commitments, product returns, product availability, product content, or functionality, are not binding upon Yeo & Yeo Computer Consulting, LLC without prior written agreement from Yeo & Yeo Computer Consulting, LLC. Yeo & Yeo Computer Consulting, LLC is not responsible for the discontinuation of products for original equipment manufacturers.
Yeo & Yeo Computer Consulting, LLC is not responsible for any verbal agreements that change the content of an Agreement and its attachment(s). Changes to an agreement and its attachment(s) may be made throughout the term of an agreement. All changes must be in writing, signed by both parties, and made as attachments to this original agreement.
Confidentiality, Publicity and Non-Solicitation
Yeo & Yeo Computer Consulting, LLC and the customer agree that any and all information identified by the other as "Confidential" and/or "Proprietary", or which, under all of the circumstances, thought reasonably to be treated as Confidential and/or Proprietary, will not be disclosed to any third person without the express consent of the other party. The terms and conditions of an Agreement are confidential. The confidentiality obligations shall not apply to any information or development: 1) which is or subsequently becomes available to the general public other than through a breach by the receiving party; 2) which is already known to the receiving party before disclosure by the disclosing party; 3) which is developed through the independent efforts of the receiving party; or 4) which the receiving party rightfully receives from third parties without restriction as to use.
Upon termination or expiration of an Agreement, each party shall return or destroy all confidential information obtained from the other party and copies thereof. Either party may use for any purpose without obligation to the other party residuals resulting from work with confidential information so long as such party complies. The term "residuals" means technical information related to computer software technology in non-tangible form, which may be retained by persons who have had access to the confidential information.
Neither party will use the name(s), trademark(s), or trade name(s) (whether registered or not) of the other without the express prior written consent of the other, with the exception that Yeo & Yeo Computer Consulting, LLC may use the customer for reference purposes only.
For a period of one (1) year following the expiration date of an Agreement, neither Yeo & Yeo Computer Consulting, LLC nor the customer shall directly solicit employment of any employee of the other who is directly involved in the performance of the Agreement.
If a proposal is submitted via electronic format and hard copy, and if the content differs between the hard copy and soft copy, ONLY the content of the hard copy will be binding on Yeo & Yeo Computer Consulting, LLC.
