PC Recovery LLC 102 Westmark Blvd, Ste 2C - Lafayette, LA 70506 - (337)326-4295
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| 1) Customer engages PC Recovery LLC, (herein referred to as PCR Data Recovery) to: inspect, evaluate, and identify the problem and/or retrieve, the equipment/data/media; and/or provide other services as may be requested by Customer from time to time (the “Engagement”). | ||
| 2) Customer warrants that he/she is in lawful possession of all data, media and/or equipment made available to PCR Data Recovery by customer, and that he/she has a lawful purpose to engage PCR Data Recovery for data recovery services. | ||
| 3) Customer acknowledges that media/data/equipment made available to PCR Data Recovery is damaged and Customer understands and agrees that data recovery cannot be guaranteed. Customer further acknowledges that the efforts of PCR Data Recovery to complete the Engagement may result in the destruction of or further damage to the equipment/data/media. PCR Data Recovery regrets that it will not assume responsibility for additional damage that may occur to the Customer's equipment/data/media during PCR Data Recovery’s efforts to complete the Engagement. In no event will PCR Data Recovery or any supplier, contractor, employee, or agent of PCR Data Recovery be liable for any damages whatsoever, whether direct, indirect, incidental,consequential, special, punitive, or exemplary (including, without limitation damages for loss ofbusiness profits, business interruption, loss of business information or data, and the like) arising out of the services or deliverables provided hereunder, however caused, even if PCR Data Recovery has been advised of the possibility of such damages. Customer acknowledges that the estimated and actual fees and charges reflect this limitation of liability and allocation of risk. The parties agree the total liability of PCR Data Recovery to Customer under this Agreement shall in no event exceed the total sums paid by Customer to PCR Data Recovery. | ||
| 4) Customer further understands that PCR Data Recovery may void the hard drive manufacturer’s warranty by opening thehard drive for recovery. Although most hard drive manufactures will still warrant thehard drive after service by a data recovery company, PCR Data Recovery assumes no liability for replacement of Customer’s hard drive. | ||
| 5) Customer agrees that if, during the course of this engagement, PCR Data Recovery finds within any electronic data or media evidence of child exploitation (e.g., child pornography) or of a credible threat of physical harm to any person, PCR Data Recovery shall be entitled to immediately bring such matters to the attention of federal or state law enforcement authorities and that no assertion of privilege, confidentiality or breach of contract will be raised as a bar to such action. | ||
| 6) Each party, on behalf of itself and its affiliates, to the fullest extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury in any action or other legal proceeding arising out of or relating to this Agreement or the services. The foregoing waiver applies to any action or legal proceeding, whether sounding in contract, tort or otherwise. Each party, on behalf of itself and its affiliates, also agrees not to include any employee, officer or director of the other party or its affiliates as a party in any such action or proceeding. | ||
| 7) The parties agree that the laws of the state of Louisiana shall govern this Agreement and agree to venue in Lafayette Parish, Louisiana; provided, however, that if any provision of this Agreement is in violation of any applicable law, such provision shall to such extent be deemed null and void, and the remainder of the Agreement shall remain in full force and effect. Except for the obligation to make payments, nonperformance of either party shall be excused to the extent performance is rendered impossible, hindered, delayed, or made impractical by: (a) the acts of omissions of the other party; (b) flood, fire, natural disaster, strike, war, or riot; (c) unavailability of parts or software; (d) any other cause beyond such party's reasonable control. | ||
| 8) Any items which have not been claimed and paid for within ninety (90) days after the date of completion of the Engagement will be considered abandoned by the Customer and may be disposed of (including all data and/or media containing data) in the sole discretion of PCR Data Recovery or may be subject to a storage fee unless prior arrangements have been secured. | ||
| 9) PCR Data Recovery grants no warranties regarding its services of any kind, and all services are provided on an “as-is” basis. All implied warranties (including the warranties of merchantability and fitness for a particular purpose) are disclaimed. This constitutes the entire agreement between Customer and PCR Data Recovery. | ||
| 10) By using this service, Customer acknowledges that he/she agrees to the Terms of Service. | ||