Emergency support services provided by TxMQ and/or TxMQ Canada are subject to the following terms and conditions. By utilizing us for emergency support, you agree to all of these without exception or prejudice.
TxMQ and/or TxMQ Canada support, and all information provided to or in connection with TxMQ and/or TxMQ Canada services (including, without limitation, electronic mail responses, telephone responses, text responses, social media responses, and other electronic and verbal communications) (collectively referred to as “TxMQ and/or TxMQ Canada Support”), are provided “AS IS” and “AS AVAILABLE.” TxMQ and/or TxMQ Canada HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) IN CONNECTION WITH ANY TXMQ AND/OR TXMQ CANADA SUPPORT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TXMQ AND/OR TXMQ CANADA BE LIABLE TO YOU OR ANY THIRD PARTY (WHETHER SUCH LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT THEORY, CONTRIBUTION, BREACH OF WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE TXMQ AND/OR TXMQ CANADA SUPPORT (INCLUDING, BUT NOT LIMITED TO, THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE IN CONNECTION WITH THE USE OF TXMQ AND/OR TXMQ CANADA SUPPORT), EVEN IF TXMQ AND/OR TXMQ CANADA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Furthermore, by utilizing TxMQ and/or TxMQ Canada support services, you agree to promptly pay all invoices at the then published emergency support rates. You understand such rates may include after hours, or holiday premium charges, and all payment terms for emergency support are net 0, and are due and payable immediately upon invoicing.