Terms & Conditions
EFFECTIVE DATE: February 12, 2016
The Terms and Conditions ("Terms") set forth herein describe the terms under which Secure Data Rescue, LLC ("Secure Data Rescue", "SDR", "we", "our", or "us"), a South Carolina Limited Liability Company with its principal place of business in Duluth, Georgia, offers the client ("you", "your" or "client") access to this website (including all content and functionality available through www.securedatarescue.com), and the services provided by Secure Data Rescue. The Terms govern your inquiry, ordering, purchase or receipt of data recovery services ("Services") provided by Secure Data Rescue, LLC.
The client acknowledges that you have read the terms and conditions of use and that you accept the terms herein. By visiting or using the Services available on www.securedatarescue.com (the "Site" or "www.securedatarescue.com") you agree to the following terms and conditions, without modification. If you are not satisfied with the Site or do not agree to these terms and conditions of use, your sole and exclusive remedy is to discontinue using the Site. Your use of the Site after the effective date signifies your acceptance of all of the terms of this Agreement.
By accessing and using the Site and the services offered by Secure Data Rescue, you represent to us that you are at least eighteen (18) years of age and may lawfully enter into binding contracts. Before you use the Services of the Site, you must read and accept all of the terms and conditions of this Agreement.
Data Recovery Process and Service Efforts:
Any and all storage media provided to Secure Data Rescue may be opened for evaluation and diagnostics procedures. Devices such as iPods, iPads, iPhones, Mobile Phones, Netbooks, Notebooks, Laptops and other similar devices will also need to be opened in order to access the underlying storage media present within these storage devices. Client may wish to consult their individual manufacturer for specific warranty information on their storage media. In no circumstances shall Secure Data Rescue be held liable for voided warranties or damages that might be caused by the opening of these storage devices mentioned herein.
The Client hereby acknowledges and agrees that the diagnostic procedure is neither foolproof nor perfect. Even though the diagnosis furnished by Secure Data Rescue to the Client may indicate a strong probability of a successful recovery outcome, the Secure Data Rescue professional assessment of the Client's storage media cannot guarantee that any specific result will be attained. No warranty is stated or implied in any way as to the accuracy of the assessment provided by Secure Data Rescue or the timeliness thereof. Secure Data Rescue shall have the exclusive professional determination as to the diagnostic assessment and the possible success rate at its' sole discretion. Secure Data Rescue agrees to use all resources and technology available at any of Secure Data Rescue's facilities to attempt the diagnostic procedure.
You are authorizing Secure Data Rescue and its employees, agents, and delegates to conduct testing, evaluation, access, recovery attempts and processing of each data storage device or data storage media that you submit to Secure Data Rescue.
Secure Data Rescue cannot and does not guarantee or promise any specific results. Secure Data Rescue will provide reasonable efforts and the application of our existing technology and standard processes. Secure Data Rescue does not guarantee that any data will be recovered. Also, Secure Data Rescue's attempt to recover the data may result in damage to the device, media, or data, and may even render any data unrecoverable. To the extent possible, you should attempt to back up any available data before submitting it to Secure Data Rescue.
All communications regarding your request, project, services, including cost estimates and invoices, will be available with Secure Data Rescue and communicated verbally over the phone, in writing, or sent via provided e-mail address.
By using Secure Data Rescue services, you represent to Secure Data Rescue that you are of the legal age of majority in your state or country of residence. You warrant that you are the legal owner or the authorized representative of the legal owner of the device, media, and data. You warrant that that the data on your device is legal and that you have the unrestricted legal right (a) to send us the device, media, and data; (b) to have the data recovered using the Services; (c) to receive the recovered data; and (d) to agree to these Terms. You will defend and indemnify us (including our directors, officers, employees, and contractors) from any claims or actions relating to the device, media, or data, or your rights or lack of rights thereto.
Secure Data Rescue guarantees not to disclose or deliver the storage media or its data contents to any third parties unless specifically ordered to do so by subpoena, judicial, or legal administrative order. Secure Data Rescue staff and agents are trained to safeguard the privacy of the Client's Data. This confidentiality agreement may be breached at any time by Secure Data Rescue, if the client information is found to contain child pornography or any information that may be detrimental to U.S national security.
Disclaimer of Warranties, Representations and Guarantees:
Secure Data Rescue DOES NOT EXTEND ANY EXPRESS WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES REGARDING OUR SERVICES OR THEIR RESULTS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, Secure Data Rescue EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR WARRANTY OF ACCURACY OR COMPLETENESS.
Limitation of Liability:
Client acknowledges that the storage media is already damaged prior to the receipt by Secure Data Rescue. Client acknowledges and agrees that the diagnostic and/or recovery service efforts performed by Secure Data Rescue may result in further damage to the storage media and therefore will not hold Secure Data Rescue liable for the condition, existence, or loss of the data you send us or the data we recover; any loss of revenue, loss of profits, or any indirect, special, incidental, or consequential damages however caused. To the maximum extent permitted by applicable law, this disclaimer shall apply to any and all damages, regardless on the legal theory on which they are asserted (including, without limitation, contract, breach of contract, and tort), and regardless of whether we have been advised of the possibility of loss or damages. The amount of Secure Data Rescue's liability will not exceed the total price client actually pays Secure Data Rescue for rendered services.
The essential purpose of this limitation is to limit Secure Data Rescue's liability for performing the services; this allocation of risk is also reflected in our prices. This paragraph will apply notwithstanding any other provisions in this agreement, or the failure of any remedy. Your exclusive remedy for unsatisfactory work or data will be, at our option, additional attempts by us to recover satisfactory data or refund of the amount paid by you.
Submission of Equipment:
You can submit the Equipment by printing out the provided shipping label on your own printer. You can select this option on our website and our system will generate a shipping label, submission form and step by step instructions for you to print out on your printer. It is your responsibility to obtain shipping materials, pack the Equipment and get the shipping materials to the appropriate shipment location (FedEx Store Location). If you use this method, we will pay the shipping costs, including insurance of the Equipment for $100.00. If you believe that you need additional insurance, it is your responsibility to obtain such additional insurance at your expense before sending us your Equipment.
We reserve the right, in our sole discretion, to reject delivery of any mail, envelope or package which appears to be damaged, opened, or tampered with and any such mail, envelope or package will be returned to the customer. Secure Data Rescue LLC shall have no liability to any customer for any such attempted delivery or return of any such items. Furthermore, we reserve the right, in our sole discretion, to return Equipment, at your expense, in the event it deviates from the written description you have provided of the Equipment.
Return of Equipment:
In all cases, in the event that you have complied with these Terms and Conditions and your Equipment is returned to you by Secure Data Rescue LLC , we will ship your Equipment to you at your address as it appears in our records via a shipping method of our choosing at your expense, and we will insure the Equipment for $100, unless you inform us in writing prior to shipment that you desire a higher insurance value. You will be required to pay for any additional insurance or alternate method of delivery requested, and we must have proof of such payment before we will return the Equipment or the Equipment will be shipped C.O.D.
Due to certain recovery procedures required to recover data Secure Data Rescue LLC may not be able to recover the original media intact. Additionally, Secure Data Rescue LLC reserves the right to securely destroy any and all hardware provided by the Client ( IE data cables; power cables; hard drive enclosures; RAID enclosures, etc ), including the recovery media itself even if specifically requested to be returned.
No Data - No Charge Guarantee:
If Secure Data Rescue is unable to recover any data from your media storage device, the client will not be required to pay any money to Secure Data Rescue. The client will be responsible for return shipping fees if the Client requests that Secure Data Rescue return the media storage device after Secure Data Rescue determines that the data on the device cannot be recovered. If the client does not request to have the media storage device returned, Secure Data Rescue will dispose of the device at no charge to the Client.
If Secure Data Rescue is able to successfully recover a portion or all of the data on the Client's media storage device, full payment for services rendered will be due from the Client.
The parties will attempt to resolve any dispute related to the Services through good faith negotiation. To the extent permitted by applicable law, if the parties are unable to resolve the dispute through good faith negotiation, then the dispute will be submitted to final and binding arbitration with the Judicial Arbitration and Mediation Services. Each party will bear their own costs in arbitration. Both parties waive their rights to a jury trial. The construction, interpretation and enforcement of this Agreement shall be governed by the substantive contract law of the State of Georgia without regards to its conflict of law provisions.
Secure Data Rescue, LLC is located at Duluth, Georgia. You agree that the Site shall be deemed solely based in Georgia and that the Site shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Georgia.
Secure Data Rescue reserves the right to amend the Terms at any time by posting the revised terms on the Site. Unless otherwise stated in such revision, the revised terms will take effect when they are posted. You are responsible for reviewing the notice and any changes. Your continued use of the Site and our services following changes or modifications to the Terms will constitute your acceptance of the changes or modifications. If you do not agree to any changes or modifications that are made to Terms herein, please discontinue use of the Site and the Services offered by Secure Data Rescue.
Except for the payment of fees to us, neither party shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to an act of God, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance by such party shall be extended by the period of such delay.
These Terms and all policies referenced herein constitute the entire agreement between the parties with respect to the use of this Site and the Services offered by Secure Data Rescue. Likewise, this Agreement and all policies referenced herein supersede all prior agreements between the parties regarding the subject matter, as well as any conflicting or inconsistent terms in any websites that link to or are linked from this Site.
Customer acknowledges and agrees that any data recovered from the drive shall be the property of Secure Data Rescue, LLC until full payment is received for the recovery thereof, after which ownership of the data shall be deemed to have transferred to the Customer.
If any provision of these terms and conditions is held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not be affected thereby.