Fairy Techmother LLC ("Techmother") Services are expressly subject to the following Terms and Conditions. By signing below,
you ("Customer") hereby agree to be bound by these Terms and Conditions.
Warranty. Techmother does not warrant in any form the results or achievements of the Services provided or the resulting work
product and deliverables. Techmother warrants that the Services will be performed by qualified personnel in a professional and
workmanlike manner in accordance with the generally accepted industry standards and practices. Techmother shall comply with
all statutes, ordinances, regulations and laws of all international, federal, state, county, municipal or local governments applicable
to performing the Services hereunder.
LIMITATION OF WARRANTY. THE WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES, WORK PRODUCT OR
DELIVERABLES PROVIDED UNDER THESE TERMS AND CONDITIONS, OR AS TO THE RESULTS WHICH MAY BE
OBTAINED THEREFROM. TECHMOTHER DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, BUT NOT
LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST
INFRINGEMENT. TECHMOTHER SHALL NOT BE LIABLE FOR ANY SERVICES OR WORK PRODUCT OR
DELIVERABLES PROVIDED BY THIRD PARTY VENDORS IDENTIFIED OR REFERRED TO THE CUSTOMER BY
TECHMOTHER. CUSTOMER'S EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY IS REPERFORMANCE OF
THE SERVICES, OR IF REPERFORMANCE IS NOT POSSIBLE OR CONFORMING, REFUND OF AMOUNTS PAID TO
TECHMOTHER FOR SUCH NON-CONFORMING SERVICES.
LIMITATION OF LIABILITY; ACTIONS. IN NO EVENT SHALL EITHER TECHMOTHER OR CUSTOMER BE LIABLE
TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL,
EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS
OF TIME, INCONVENIENCE, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, AND
COSTS OF COVER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE FOR THE SERVICES PROVIDED, AND EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. SUBJECT TO THE
CUSTOMER'S OBLIGATION TO PAY FEES TO TECHMOTHER, EACH PARTY'S ENTIRE AGGREGATE LIABILITY FOR
ANY CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE FEES PAID OR PAYABLE BY THE
CUSTOMER TO TECHMOTHER IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE
TO SUCH LIABILITY. NO ACTION SHALL BE BROUGHT FOR ANY CLAIM RELATING TO OR ARISING OUT OF THE
SERVICES MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION, EXCEPT FOR MONEY
DUE ON AN OPEN ACCOUNT.
Cooperation of Customer. Customer agrees to comply with all reasonable requests of Techmother and shall provide Techmother's
personnel with access to all documents and facilities as may be reasonably necessary for the performance of the Services.
Termination. In the event that Customer breaches any of the Terms and Conditions stated herein, Techmother the Services by
providing written notice to Customer. Such termination shall be effective immediately and Techmother may retain any payments
previously received. Termination shall be in addition to any other remedies that may be available to the non-breaching Party.
Governing Law and Venue. The relationship between Techmother and Customer in regards to the Services will be governed by
and interpreted in accordance with the laws of the State of Ohio, without giving effect to the principles of conflicts of law of such
state. The Parties hereby agree that any action arising out of provision of the Services will be brought solely in any state or federal
court located in Ohio, Lorain County. Both Parties hereby submit to the exclusive jurisdiction and venue of any such court.
Collection Expenses. If Techmother incurs any costs, expenses, or fees, including reasonable attorney's fees and professional
collection services fees, in connection with the collection or payment of any amounts due it for provision of the Services, Customer
agrees to reimburse Techmother for all such costs, expenses and fees.
Customer, by signing below, hereby acknowledges and agrees to be bound by these Terms and Conditions.