Common use of Backup Services Clause in Contracts

Backup Services. If Client elects to utilize the Outcomes Remote Backup Service or other similar data backup service offered by Outcomes (the “Backup Service”), the following additional terms shall apply with respect to the Backup Service: a. The Backup Service, including transmission, storage, viewing and retrieval of data and files is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable, and Client acknowledges that the quality and accuracy of Client's data backup services is dependent on the accuracy, quality, and reliability of Client's data. Accordingly, Client's use of the Backup Service is at Client’s sole risk. The Backup Service is provided to Client on an "as is" basis. Outcomes disclaims all warranties and conditions, express or implied, arising by law or otherwise, with respect to the Backup Service (including, without limitation, any implied warranties of merchantability, fitness for a particular purposes and non-infringement). Outcomes makes no representation or warranty that: (a) the Backup Service will meet Client's needs; (b) the Backup Service will be timely, error-free, uninterrupted, or virus-free; (c) Client's data and files will not be lost or damaged; or (d) the data on Client's desktop or server will not be lost or damaged. Client acknowledges that any material or data retrieved through the use of the Backup Service is done at Client's choice and risk and that Client will be solely responsible for any damage to its computer system or loss of data that results from the retrieval of such material or data. b. In no event shall Outcomes have any obligation or liability to Client for the cost or procurement of substitute services or data or for any direct, indirect, incidental, special, exemplary or consequential damages (including, without limitation, any loss of data, revenue or profits or business interruption) or other pecuniary loss arising out of Client's use of the Backup Service or Client's loss of data or files stored therein.

Backup Services. If Client elects to utilize the Outcomes TDS Remote Backup Service or other similar data backup service offered by Outcomes TDS (the “Backup Service”), the following additional terms shall apply with respect to the Backup Service: a. The Backup Service, including transmission, storage, viewing and retrieval of data and files is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable, and Client acknowledges that the quality and accuracy of Client's data backup services is dependent on the accuracy, quality, and reliability of Client's data. Accordingly, Client's use of the Backup Service is at Client’s sole risk. The Backup Service is provided to Client on an "as is" basis. Outcomes TDS disclaims all warranties and conditions, express or implied, arising by law or otherwise, with respect to the Backup Service (including, without limitation, any implied warranties of merchantability, fitness for a particular purposes and non-infringement). Outcomes TDS makes no representation or warranty that: (a) the Backup Service will meet Client's needs; (b) the Backup Service will be timely, error-free, uninterrupted, or virus-free; (c) Client's data and files will not be lost or damaged; or (d) the data on Client's desktop or server will not be lost or damaged. Client acknowledges that any material or data retrieved through the use of the Backup Service is done at Client's choice and risk and that Client will be solely responsible for any damage to its computer system or loss of data that results from the retrieval of such material or data. b. In no event shall Outcomes TDS have any obligation or liability to Client for the cost or procurement of substitute services or data or for any direct, indirect, incidental, special, exemplary or consequential damages (including, without limitation, any loss of data, revenue or profits or business interruption) or other pecuniary loss arising out of Client's use of the Backup Service or Client's loss of data or files stored therein.