Terms and Conditions
Terms and Conditions
The terms and conditions set forth below include our privacy agreement. Be sure to read it carefully.
Services Provided:
Customer engages FastDataRecovery (FDR) to remotely evaluate and identify the Cusromer's problem and then to perform data recovery services as needed.
Limitation of Liability:
Customer acknowledges that the Customer's hard drive or other data storage device may be damaged prior to initiating data recovery operations, and Customer further acknowledges that the efforts to recover data may result in the destruction of or further damage to the Customer's hard drive or other data storage device. FDR regrets that it will not assume responsibility for additional damage that may occur to the Customer's hard drive or other data storage device during FDR's efforts to complete data recovery services.
In no event will FDR be liable for any indirect damages whatsoever. The total liability of FDR to Customer under this Agreement shall in no event exceed the total sums paid by Customer to FDR.
Privacy:
FDR agrees that all materials and information which Customer provides to FDR or to which FDR gains access in the course of performing its services are the property of Customer, and shall be used and viewed by FDR only for the purposes of data recovery, and shall not be otherwise disclosed to third parties without Customer's prior approval except in cases involving illegal activity.
Miscellaneous Provisions:
Customer warrants to FDR that it is the owner of, and/or has the right to be in possession of, all equipment/data/media accessed by FDR.; and Customer will defend, at its expense, indemnify, and hold FDR harmless against any damages or expenses that may occur (including reasonable attorneys' fees), and pay any cost, damages, or attorneys' fees awarded against FDR resulting from Customer's breach of this section.
This Agreement is intended by the Parties to be the final expression of their agreement, and it constitutes the full and entire understanding between the Parties with respect to the subject hereof. This Agreement may be amended only by a writing signed by the Parties.
The construction, interpretation and enforcement of this Agreement shall be governed by the substantive contract law of the State of Massachusetts without regards to its conflict of law provisions.
Should any part, term, or provision of this Agreement be declared invalid, void, or unenforceable, all remaining parts, terms, and provisions hereof shall remain in full force and effect and shall no way be invalidated, impaired, or affected thereby.
NO WARRANTIES; DISCLAIMER OF ALL WARRANTIES:
FDR MAKES AND CUSTOMER RECEIVES NO WARRANTIES OR CONDITIONS FOR ANY GOOD OR SERVICE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH CUSTOMER.
FDR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
