J. J. Keller agrees that papers and other documents furnished to J. J. Keller or prepared by J. J. Keller pursuant to the engagement subject to this consulting Agreement, are confidential materials. Such confidential material will not be disclosed to persons other than J. J. Keller employees or consultants without the prior written consent of the Client, except as may be required under applicable law or directed by judicial or administrative order or other direction by an authority of competent jurisdiction.
The Client acknowledges that, by agreeing to sign up for this service, J. J. Keller has allocated resources to complete the services engaged hereunder. The parties have or will mutually agree on a date for performance of the services. In the event the Client cancels J. J. Keller’s performance of the services, the Client will not be due a refund.
1. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED. In no event shall J. J. Keller be liable to Client for loss of profits or other economic loss, including special, consequential, or other similar damages arising out of any claimed J. J. Keller breach of its obligations under this Agreement. J. J. Keller services are intended to lend technical knowledge and support to the client. Any recommendations made by our staff are offered in strictly an advisory capacity and are not to be construed as legal advice. J. J. Keller agrees to use its best efforts to diligently perform the services set forth in this agreement, but shall in no way be liable for any loss, damages, fines, penalties, or forfeitures resulting from that service. J. J. Keller’s liability shall not exceed the amount of the service fees paid to J. J. Keller pursuant to this Agreement.
2. J. J. Keller does not cover or verify with every regulation stipulated by the FMCSR, nor does it examine all records or physically inspect any of the client’s vehicles, nor can it identify every workplace hazard. With regard to these specific tasks or functions, and any others not contemplated under this service Agreement, Client agrees to hold J. J. Keller harmless against any and all losses, claims, damages, and liabilities under any statute or at common law or otherwise
3. IT IS AGREED THAT, EXCEPT FOR RECKLESSNESS, BAD FAITH, OR WILLFUL MALFEASANCE, OR VIOLATIONS OF APPLICABLE LAW, J. J. KELLER, ITS OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY ACTIONS PERFORMED OR OMITTED TO BE PERFORMED OR FOR ANY ERRORS IN PROVIDING SERVICES TO CLIENT. THIS MEANS THAT J. J. KELLER IS NOT LIABLE FOR ACTS, OMISSIONS, OR ERRORS THAT ARE FOUND TO BE NEGLIGENT, BUT THAT DO NOT CONSTITUTE RECKLESSNESS, WILLFUL MALFEASANCE, OR VIOLATIONS OF APPLICABLE LAW.
By agreeing to sign up for this service, Client acknowledges that it has read and understood this Agreement and that said Agreement constitutes the entire understanding of the parties with respect to services to be furnished hereunder. This Agreement supersedes all prior communications between the parties including all oral or written proposals and may be modified or amended only by a written instrument signed by duly authorized representatives of both Client and J. J. Keller.