EFFECTIVE DATE: May 5, 2017
The Terms and Conditions (“Terms”) set forth herein describe the terms under which Drive Data Recovery, LLC (“Drive Data Recovery”, “DDR”, “we”, “our”, or “us”), a New York Limited Liability Company with its principal place of business in New York, offers the client (“you”, “your” or “client”) access to this website (including all content and functionality available through https://www.drivedatarecovery.com), and the services provided by Drive Data Recovery. The Terms govern your inquiry, ordering, purchase or receipt of data recovery services (“Services”) provided by Drive Data Recovery, 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 https://www.drivedatarecovery.com (the “Site” or “https://www.drivedatarecovery.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 Drive Data Recovery, 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 Drive Data Recovery 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 Drive Data Recovery 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 Drive Data Recovery to the Client may indicate a strong probability of a successful recovery outcome, the Drive Data Recovery 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 Drive Data Recovery or the timeliness thereof. Drive Data Recovery shall have the exclusive professional determination as to the diagnostic assessment and the possible success rate at its’ sole discretion. Drive Data Recovery agrees to use all resources and technology available at any of Drive Data Recovery’s facilities to attempt the diagnostic procedure.
You will be responsible for payment if we are able to successfully recover user files. Regardless of if we are able to recover 10 files or 10,000 files, any user files successfully recovered will in full payment due. It’s impossible for any data recovery company to guarantee 100% file recovery, especially for storage devices that are damaged. The damage that originally caused your drive to stop functioning in most cases makes it impossible to access some parts of the drive that contain data. Our data recovery technicians will make every attempt to recover as much data as possible, but there is no way to guarantee that specific files will be recovered. If no user files can be recovered from the device (i.e. if the device is too badly damaged), you will not be charged.
You are authorizing Drive Data Recovery 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 Drive Data Recovery.
Drive Data Recovery cannot and does not guarantee or promise any specific results. Drive Data Recovery will provide reasonable efforts and the application of our existing technology and standard processes. Drive Data Recovery does not guarantee that any data will be recovered. Also, Drive Data Recovery’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 Drive Data Recovery.
All communications regarding your request, project, services, including cost estimates and invoices, will be available with Drive Data Recovery and communicated verbally over the phone, in writing, or sent via provided e-mail address.
By using Drive Data Recovery services, you represent to Drive Data Recovery 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.
Drive Data Recovery 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. Drive Data Recovery staff and agents are trained to safeguard the privacy of the Client’s Data. This confidentiality agreement may be breached at any time by Drive Data Recovery, 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:
Drive Data Recovery 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, Drive Data Recovery 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 Drive Data Recovery. Client acknowledges and agrees that the diagnostic and/or recovery service efforts performed by Drive Data Recovery may result in further damage to the storage media and therefore will not hold Drive Data Recovery 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 Drive Data Recovery’s liability will not exceed the total price client actually pays Drive Data Recovery for rendered services.
The essential purpose of this limitation is to limit Drive Data Recovery’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. Drive Data Recovery 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 Drive Data Recovery 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 Drive Data Recovery LLC may not be able to recover the original media intact. Additionally, Drive Data Recovery 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.
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 New York without regards to its conflict of law provisions.
Drive Data Recovery, LLC is located in New York. You agree that the Site shall be deemed solely based in New York 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 New York.
Drive Data Recovery 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 Drive Data Recovery.
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 Drive Data Recovery. 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 Drive Data Recovery, 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. Notwithstanding, in the event of a chargeback or similar, the transfer of ownership of the data to the Customer shall be deemed void ab initio and Drive Data Recovery, LLC, as owner of the recovered data, may take all steps necessary, including selling the data, to recoup the costs of the chargeback.
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.
Changes to Terms
DDR reserves the right, in its sole discretion, to change the Terms under which https://www.drivedatarecovery.com is offered. The most current version of the Terms will supersede all previous versions. DDR encourages you to periodically review the Terms to stay informed of our updates.
DDR welcomes your questions or comments regarding the Terms:
Drive Data Recovery
61 Greenpoint Ave, #603
Brooklyn, New York 11222
Last Revision Date: July 2, 2017