Below you will find our Terms and Conditions of Use, including Terms of our free initial diagnostic offer. Please review the Terms carefully as they describe the services we will provide to you, how we will work together, and other aspects of our business relationship. For reference purposes the words: "User," “You,” “Your,” and “Client” refer to you, the person accessing this website and accepting the Company’s Terms and conditions, and "The Company," “Ourselves,” “We,” “Our” and "Us" refer to our Company.
Feel free to contact us at (800) 761-0083 with any questions or concerns.
Terms and Conditions of Use
Agreement. By using our services and accessing our website you agree to the site's Terms and Conditions. This site is available only to individuals who can enter into legally binding contracts under applicable law. These Terms and Conditions of Use constitute a legally binding agreement between you and the Company regarding your use and access to the site. This site is governed by and operated in accordance with Ohio law.
Company reserves the right, in its sole discretion, to revise, modify, alter or otherwise update this Agreement, or to change or delete any features of this website, at any time, with or without prior notice to you. Your use of the site signifies your acceptance of all the Terms and conditions contained within the Terms at the time of your use. You will be responsible for regularly reviewing the Terms posted to the site. Company will not be held liable for your failure to review updated Terms or for any outdated or inaccurate content posted on the site. IF YOU DO NOT AGREE WITH ANY OF THE MODIFIED, ALTERED OR UPDATED TERMS, THEN YOU SHOULD NOT USE THIS WEBSITE AFTER SUCH MODIFICATIONS, ALTERATIONS OR UPDATES HAVE BEEN POSTED.
Privacy. Personal information and other information about yourself that you may submit or provide to Company through this website is subject to Company's Privacy Statement, which is incorporated into this Agreement. In addition, by using this website you expressly consent to Company collecting personal information and other information about you, as more fully provided in Company’s policy.
DataRetrieval.com’s confidentiality policy includes the following:
Only the recovery engineer and his or her direct supervisor have direct access to the data.
Recovered data is stored in safe locations – usually in physically secured servers with file system encryption.
Company employees may open required documents, images or other files only when it is absolutely necessary for the recovery process.
Data is never handed over to third parties without express authorization from Client.
On request of the Client, backup copies of recovered data are deleted right after the delivery. Otherwise, recovered data is kept in our servers for a maximum of 30 days, after which the data is automatically deleted.
Proprietary Rights. All content on this website, including, but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips, and video clips, is the property of Company or its subsidiaries and related entities, and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. You recognize that any reproduction or use of content, copyrights, trademarks, service marks, or other intellectual property on this website, except as authorized by this Agreement, is considered intentional infringement.
User’s Obligations. User warrants to abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the site. User also warrants that he/she will not impersonate any other person or entity, whether actual or fictitious, when using the Site, or defame or otherwise harm any party through your use of the site.
User is specifically prohibited from taking any action that interferes with, disrupts, disables or damages (or attempts these actions), the use or operation of this website, its affiliated entities, equipment or applications, or service to any user, host, or network, including by use of any programs, scripts, commands, viruses, worms, web bugs, harmful code, Trojan horses, other contaminants, or otherwise. This includes "flooding" of networks, deliberate attempts to overload a service or to burden excessively a service's resources or the website's infrastructure or resources, attempts to circumvent or subvert system or network security mechanisms, or probe the security of any system, network, or account, associated with this website.
About Our Services. DataRetrieval.com provides data recovery services. Data recovery is the process of extracting, recovering and salvaging lost or inaccessible data and digital information from failed or deleted devices. Our goal is to devise a plan to resolve your issues and concerns thoroughly and efficiently.
Scope of Our Services. A brief summary of the services Company provides is described in the preceding section entitled “about our services” and within the website content. Company is not a law firm and does not practice law. For legal questions, concerns or advice please consult your counsel. No information provided by Company should be construed as legal advice.
No Guarantee of Outcome or Results.User is retaining Company for its level of expertise, dedication, and time devoted toward your particular matter, rather than a particular outcome or result. User understands that DataRetrieval.com will do everything legally within its means to achieve your desired outcome. However, DataRetrieval.com does not make any representations regarding our ability to achieve your desired outcome and cannot guarantee what may or may not be retrieved on your digital devices because every case is inherently unique and it is impossible to foresee all potential impediments during the rendering of services.
Free Diagnostic and Service Authorization. Client retains the services of Company to receive diagnostic services for free, and signs an agreement outlining the Terms of the diagnostic service. Although Client is entering an agreement to have their media evaluated for free, Client understands that he or she is still bound by Company’s contractual Terms and regulations contained herein. Client specifically affirms that Client has the authority to authorize the Company to perform services.
Client understands that by choosing to diagnose media for free he or she accepts an extended diagnostics and data recovery turnaround time. Company at its own discretion will schedule to diagnose Client’s media with no expectation for date and time of completion. Company reserves the right to take up to thirty (30) days to produce diagnostics results, however it may take longer in certain cases. Should Client accept the cost of data recovery service after diagnostics are complete, Client understands that Company similarly makes no guarantee for data recovery turnaround time.
Diagnostic services are conducted to evaluate Client’s digital media device(s) for the purpose of identifying failures and faults in the media hardware and software so that Company can determine the amount of time, replacement components, and expertise needed to temporarily repair the damaged or overwritten digital media. Data recovery is the process of extracting, recovering and salvaging lost or inaccessible data and digital information from failed or deleted devices.
Company does not make any representations to Client regarding the specific data that will be recovered or produced from Client’s media device(s) submitted for services.
The Client understands that Company is providing its expertise, dedication, and time spent on a given matter, rather than a particular outcome or result. Client acknowledges that authorizing a diagnostic evaluation and data recovery extraction is an agreement to receive a service, which means only that certain procedures and skilled labor will be devoted to extracting data contained on Client’s media device(s) and that there are no guarantees that any specific data or particular outcome will be produced.
Although Client is receiving a diagnostic service for free, the Company incurs many costs in performing any free diagnostic, including shipping and labor costs. Client is given free diagnostic with the understanding that Client will proceed to the full service. Should Client decide not to proceed to full service, a ninety-nine-dollar ($99) fee per device will be assessed for return of device(s), which accounts for shipping and packaging costs. Client understands that this fee must be paid before Company will return device(s). Therefore, Client understands that Company will retain Client’s credit on file (if credit is payment method) in the event the scenario as outlined herein occurs.
The following list provides the service options offered by Company: Free Service; 24-Hour Service; Premium Diagnostic; Advantage Service; Emergency Service; Premium Emergency Service; Standard Raid Service; Economy Raid service; Premium Raid Service; Emergency Raid Service; Specialized Emergency Raid service. This list is not exhaustive of all options offered. Please check Company website for up-to-date information. Once Client selects a specific service, Client is locked in and committed to the diagnostics turnaround time and corresponding data recovery turnaround time.
Pricing. Company provides turnaround times to Client for purposes of providing good faith estimates as to the hours necessary to complete services based upon previous experiences in handling similar matters. However, Client understands that every case is inherently unique and therefore it is impossible for Company to foresee all potential impediments or delays during performance of services. Therefore, Company makes no representations or guarantees for an exact turnaround time of diagnostics and data recovery extraction time.
The Client understands that diagnostics and data recovery services are two separate and unique procedures with corresponding turnaround times. Client will receive the initial diagnostic evaluation and receive the appropriate dedication from Company to identify the exact failure of the media/device. The Client may then request data recovery services to be performed, the additional costs of which are calculated after the diagnostics evaluation is completed to determine the amount of time and labor required for data extraction. Because each case is unique, price quotes are tailored to the specific needs of the Client.
Client understands that when Company is performing diagnostics and data recovery, there may be unforeseen circumstances requiring costs to be incurred by Client. There may be unforeseen failures, additional requests made by Client, or additional time or expertise devoted to an unusual or complex matter (this list not exhaustive). In such an event COMPANY WILL ADVISE CLIENT IN WRITING OF THOSE DETAILS AND WILL REQUEST THAT CLIENT AGREE TO INCUR THE ADDITIONAL COSTS PRIOR TO PROCEEDING WITH A GIVEN MATTER.
Return Shipping Costs for Failed Media. Client understands that if recovery procedures are unsuccessful there will be shipping and handling costs for the return of failed media. Specifically, single hard drive ground shipping is $99 and overnight shipping is $179 per drive; RAID array shipping is $55 per drive for standard shipping and $99 per drive overnight shipping; heavy items (such as servers, desktops, etc.) ground shipping is $299 and up, depending on weight. Shipping costs to return Client’s devices such as server, computer, laptop, and peripherals, will be charged to Client. An invoice containing shipping details will be provided to Client.
Breach of Locking Mechanisms/ Password Protected Digital Devices. In cases where devices are protected with passcodes or other forms of locking mechanisms, and access to the devices’ digital data can only be gained through breach of such locking mechanisms (i.e. password lost or forgotten, true owner locked out), Client must expressly warrant that Client has the legal right to authorize and does expressly authorize Company to breach these locking mechanisms by employing all available tools at its disposal designed for such purposes.
Further, Client agrees to indemnify Company against any and all legal actions arising out of or from such bypass or breach of locking mechanisms.
Transportation of Devices. Client acknowledges that submitted devices may be transported, if necessary, and the Services will be performed, in the state of Ohio. Company reserves the right to relocate Client media device(s), as may become necessary, to any of its locations.
Shipping Diagnostics Results to Client. After the diagnostics process has been completed, Company will send the results to Client on a media device to the address provided by Client. If, however, Client prefers that the results be sent to an alternate location other than the address on file, Client must adequately inform Company by email. In such a case, Company will ship Client’s results to the nearest Federal Express location in proximity to Client’s billing address. Federal Express will hold the device for up to five (5) business days for Client to pick up. Client’s signature shall confirm receipt in accordance with Federal Express policy. Please note that If Client’s billing address is a P.O. box, Company will automatically ship the results to the nearest Federal Express location in proximity to Client’s billing address, unless informed otherwise.
Company Not Liable for Third-Party Shipping. With regard to courier pickup and shipping, Company shall not be held liable for media devices that are lost or damaged during shipping or transport from or to and from our facilities, using third-party couriers or shipping companies, including Federal Express and Uber. Further, Client agrees to indemnify and hold harmless Company for the loss of any data, stored on submitted devices, which may be unintentionally lost or stolen.
If Client is not the intended recipient of a drive/media, Client is instructed to promptly contact Company by email or phone to arrange for its immediate return to Company facilities. Any unauthorized review, use, disclosure or distribution is strictly prohibited. Company makes no warranty of any kind when shipping and Client agrees to disclaim all liability of Company for inadvertent shipping.
Communication with Client. By retaining the services of Company, Client is authorizing Company to communicate via email, phone calls, text messaging, and other electronic means. Communication with Client is strictly used to convey information to Client in a timely manner. Client information will not be sold, distributed, or in any other way shared with entities or affiliates outside the Company. Client may revoke this permission in writing at any time. Client agrees not to hold Company liable for any electronic messaging charges or fees generated by communication. Client shall provide Company with updated contact information in the event of any changes.
Complaint Resolution Process and Procedure. Company places a high value on customer satisfaction and therefore treats every complaint with a commensurate degree of seriousness. For this reason, Company provides clear channels of communication for User to convey any complaint or dissatisfaction with services rendered, with the goal of seeking a prompt and satisfactory resolution for both parties.
Disclaimer as to Legal Advice and Accuracy of Information. The information on this site is for informational purposes only and is not legal advice or a substitute for legal counsel. The information may or may not reflect the most current legal developments; accordingly, information on the site is not promised or guaranteed to be correct or complete and should not be relied upon as such. As legal advice must be tailored to the specific circumstances of each case, nothing provided on the site should be used as a substitute for advice of competent counsel.
Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the Company and its affiliates from and against all claims arising from or in any way related to your use of the site, any violation by you of these Terms and Conditions of Use, or any other actions connected with your use of the site, including but not limited to any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney's fees. Company will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section.
Warranties Disclaimed. THE WEBSITE AND COMPANY CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER COMPANY, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "COMPANY PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, including without limitation, any representation or warranty that (i) the site content is complete, accurate, reliable or non-infringing; (ii) access to the site will be uninterrupted, timely, secure, or error free; (iii) the quality of any products, services, information or other material purchased or obtained by you through the site will meet your expectations; or (iv) Company content will remain unchanged or accessible on the site. All warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property.
Limitation of Liability. USE OF THE INTERNET AND THE SITE IS SOLELY AT YOUR RISK AND IS SUBJECT TO, WITHOUT LIMITATION, ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS. THE COMPANY SHALL NOT BE LIABLE, AND DISCLAIMS AND LIMITS ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER in connection with, as a result of, or arising (i) out of the use of or inability to use the site; (ii) from any interruption in the availability of the site; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the site, or transactions entered into, through or from the site; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on the site; (vii) from any delay or failure of the site arising out of causes beyond Company’s control; (viii) out of the use of, reference to, or reliance on, the Company content; or (ix) out of any other matter relating to the site or Company content.
Exclusions Permitted by Law. If there are some jurisdictions that do not allow the exclusion or limitation of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages, only the above limitations which are lawful in your jurisdiction will apply to you and Company's liability will be limited to the fullest extent permitted by law.
Waiver and Severability.The failure of Company to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
Governing Law. This agreement shall be construed and enforced according to, and governed by, the laws of the State of Ohio, as well as any claim that might arise between Client and Company, without regard to conflict of law provisions.
COMPANY RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.