Terms and Conditions
Your use of the Datarecoverylabs.com web site is governed by the policies, terms, and conditions set forth below. Please read the following information carefully. By using this Site or submitting an order for products or services, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below. If you do not agree to these terms and conditions, please do not use this Site and please do not submit any orders for products or services.
These terms and conditions may be changed by Datarecoverylabs.com, in the future. It is your responsibility as a user to periodically return to this page to review the terms and conditions for amendments. The amended terms shall take effect automatically the day they are posted on the site. Your continued use of the Datarecoverylabs.com web site following any amendments will constitute agreement to such amendments. These Terms of Service were last revised on August 1st, 2004.
©2016 AscendTech, Inc dba Datarecoverylabs.com hereinafter referred to as "Datarecoverylabs.com". All rights reserved.
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You hereby agree to indemnify, defend and hold Company, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your misuse of this Web Site including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Company.
Data recovery is not guaranteed. Datarecoverylabs.com agrees to use its best effort to attempt said recovery, and Client agrees that Datarecoverylabs.com is in no way liable in the event Datarecoverylabs.com is unsuccessful in recovering Client data. Datarecoverylabs.com assumes no liability for damage to Client media, data and/or property while performing data recovery procedures or during shipment or for uninsured shipments. By agreeing to this service agreement Client acknowledges that the media, data, and equipment made available to Datarecoverylabs.com, is already damaged. Client understands that data recovery efforts can result in further damage and that Datarecoverylabs.com will not be held liable for this or any other type of damage caused to media, data, Client or any third party. Datarecoverylabs.com shall not be liable for any claims regarding the physical functioning of the media or the condition or existence of data on the media supplied before, during or after service. In no event will Datarecoverylabs.com be liable for any loss of data or loss of revenue or profits or any special, incidental, or contingent, or consequential damages, however caused, before, during or after service even if Datarecoverylabs.com has been advised of the possibility of damages or loss to persons or property. The Client authorizes AscendTech, Inc. Data Recovery Labs, its employees, and agents, to receive and transport this media/equipment/data to, from and between their facilities. AscendTech, Inc Data Recovery Labs shall not be liable for any claims regarding lost media whether the media has been lost at AscendTech, Inc Data Recovery Labs or while in transit. The Client is responsible for all shipping costs, customs duties and taxes that may arise as a result of shipping the media to and from Datarecoverylabs.com, regardless if the data is recovered or not. Any media or data left with Datarecoverylabs.com unclaimed for 30 days will be disposed.
Manufacturer warranty may be void. Although most manufacturers will honor product warranties following data recovery procedures, in no way shall Datarecoverylabs.com be liable if Client’s media manufacturer’s warranty is VOID due to any action taken by Datarecoverylabs.com.
THE DATARECOVERYLABS.COM WEB SITE AND THE MATERIALS THEREIN ARE PROVIDED "AS IS". DATARECOVERYLABS.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE DATARECOVERYLABS.COM, ITS OPERATION, CONTENTS, INFORMATION, MATERIALS OR YEAR 2000 COMPLIANCE. DATARECOVERYLABS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT DATARECOVERYLABS.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT, USE OF THE DATARECOVERYLABS.COM SITE AND OR SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
The parties shall submit all disputes relating to this Agreement (whether contract, tort or both) to arbitration, in accordance with the Rules of the American Arbitration Association. Either party may enforce the award of the arbitrator in a Court of competent jurisdiction. The parties understand that they are waiving their rights to a jury trial. This agreement shall be construed under and in accordance with the laws of the state of Ohio, and all obligations of the Parties created in this Agreement are performable in Lake County, Ohio, United States of America.