Terms of Technical Support for Products and Services
BLINDMULE BARON LLC will undertake commercially reasonable efforts to provide technical assistance under this agreement, but do not guarantee that all problems will be solved or that any item will be error-free.
Support for all products will cease 6 months after the next release of the product is shipped. BLINDMULE BARON LLC may, from time to time, discontinue products/services and versions or discontinue any or all support services. BLINDMULE BARON LLC also reserve the right to terminate service to any individual who abuses any support program including, but not limited to sharing customer identification numbers with others.
Response to Customer Support Requests
An incident is defined as a single support issue with a BlindMule Baron LLC product/service and the reasonable effort needed to resolve it. A single support issue is a problem that cannot be broken down into subordinate parts.
When, after 3 attempts on separate business days, the customer cannot be reached regarding an open incident, the incident is considered closed, unless otherwise agreed by BLINDMULE BARON LLC and the customer. BLINDMULE BARON LLC will endeavor to provide resolutions to questions within a reasonable time, but at least within 2 business days after the question has been dispatched to technical support. If the nature of the question prevents BLINDMULE BARON LLC from providing a resolution within that period, BLINDMULE BARON LLC will contact the customer to inform them when a resolution can be expected.
A response to a request for Support may consist of receipt of and acknowledgement by BLINDMULE BARON LLC of your request for Support, and may not include answers to your request for Support. You acknowledge and understand that no software is perfect or error free, and that despite its commercially reasonable efforts, BLINDMULE BARON LLC may be unable to provide answers to or resolve some or all requests for Support. BLINDMULE BARON LLC makes no promises, guarantees or assurances of any kind that it will be able to provide the Support you seek.
Response Time is based on your purchased Support Program and BLINDMULE BARON LLC’s business hours, Monday to Friday, 09:00 am to 7:00 om CST, except non-service periods.
Warranties and Representations
BLINDMULE BARON LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRODUCTS, SOFTWARE OR ANY SERVICES BLINDMULE BARON LLC MAY PROVIDE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING BY STATUTE, LAW OR TRADE DEALING OR USAGE. ALL MATERIALS AND SERVICES ARE PROVIDED “AS IS.”
BLINDMULE BARON LLC IS NOT LIABLE FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON (INCLUDING LOSS OF TIME, LOSS OF DATA OR SOFTWARE, LOSS OF PROFITS OR LOSS OF REVENUE) EVEN IF BLINDMULE BARON LLC HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND OUR LIABILITY IN ALL EVENTS WILL NOT EXCEED THE SUPPORT FEES THAT YOU HAVE PAID UNDER THIS AGREEMENT.
Use of Customer Information
BLINDMULE BARON LLC has the right to use and treat as non-confidential any information you may give BLINDMULE BARON LLC during your use of our support program unless you specify in writing the fact that certain material should be treated as being confidential.
Entire Agreement and Governing Law
This is the full and final agreement between you and BLINDMULE BARON LLC, and it supersedes any promises, representations or agreements relating to the subject of this agreement. This agreement may be changed at the discretion of BLINDMULE BARON LLC or it’s authorized representative without prior notice. No inconsistent, additional, or pre-printed terms on your purchase order or other business form apply.
This agreement shall be governed and controlled by the laws of the State of Alabama. No choice of law rules of any jurisdiction will apply.