IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THESE TERMS AND CONDITIONS, PLEASE EXIT THIS SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS AND CONDITIONS.
These Terms and Conditions of Service and Use of www.datasurion.com (the “Terms and Conditions“) are hereby made effective or “we” or “us” or “our“), and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of “Datasurion” hereby amend and restate any such prior terms and conditions.
In consideration of each member or customer’s (each, a “customer” or “you“) access to and use of the Site, we require every members and customer to act with integrity, to our rules for the Site, and to abide by these Terms and Conditions and each other rule, regulation or other policy of “Datasurion” .
By clicking “I AGREE” and/or using or accessing the Site, you hereby agree,
(a) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof,
(b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of “Datasurion” , as each may be amended or supplemented from time to time in our sole discretion without notice, and
(c) that your use of the Site shall comply with all applicable federal, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the Site. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing the Site.
Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:
- Not to access the Site using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
- Not to engage in multi-level marketing using the Site, including, without limitation, pyramid schemes, and similar marketing concepts;
- Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
- Not to solicit login, account or other personal information of another person or request or obtain access to an account of another person;
- Not to bully, intimidate, or harass any employee or any person by any means;
- Not to use the Site in any manner that is, or could reasonably be construed to be, unlawful, including, without limitation, in violation of any law, rule or regulation related to securities or investments, or any rules or regulations promulgated by the U.S. Securities and Exchange Commission, and/or rules of any national or other securities exchange and any regulations or other pronouncements having the force of law;
- Not to use the Site in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious or discriminatory;
- Not to take any action that could disable, overburden, or impair the operation or availability of the Site, such as a denial of service attack;
- Not to engage in manipulative practices designed to obfuscate the true intent of your submissions to the Site, or to artificially generate traffic to another website;
- Not to facilitate or encourage any violations of these Terms and Conditions;
- Not to issue chargeback disputes against “Datasurion” .
- Not to use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
- Not to copy, distribute or disseminate the Site or any portion thereof, and not to transfer the Site, or any portion thereof, to another person or “mirror” the Site, or any portion thereof, on any other server;
- Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, the Site or any portion thereof; and
- Not to take any other action that could result in any damage or disruption to the Site, or that could otherwise result in any liability, damages, costs or expenses on the part of “Datasurion” .
OWNERSHIP; LIMITED LICENSE
By becoming a customer/user of “Datasurion” and using the Site, “Datasurion” hereby grants to you a limited revocable license to use the Site, and its content, materials, and services, solely for your personal use and for the purposes set forth on the Site, and subject to these Terms and Conditions and all other rules, regulations, and policies imposed or adopted by “Datasurion” in connection with the Site, which may be amended by “Datasurion” at any time in its sole discretion and without notice. Such a limited revocable license is freely revocable and terminable by “Datasurion” at any time, without cause and in the sole discretion of “Datasurion” . Without limiting the foregoing, this limited revocable license shall automatically be revoked and terminated upon any violation of these Terms and Conditions or any other rule, regulation, or policy of “Datasurion” .
Any information you submit to “Datasurion” is at your own risk of loss, and “Datasurion” assumes no liability or responsibility there for.
VIOLATION; TERMINATION OF ACCOUNT
You acknowledge and agree that “Datasurion” may, in its sole discretion, cancel, suspend or terminate your account at any moment without any prior notice, if you breach these Terms and Conditions. “Datasurion” may refuse, in its sole discretion, to permit any use of the Site, and may refuse to permit any person to access or use the Site or your account for any reason at any time.
MODIFICATIONS TO THE SITE AND PRICING
"Datasurion”, reserves the right to, and you acknowledge and agree that “Datasurion” may, modify the Site, including without limitation the content, materials, and services offered thereby, and associated with the Site at any time and without notice. Without limiting the generality of the foregoing, “Datasurion” reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part or portion thereof) without notice. Any new features that augment or enhance the then-current version of the Site, including the release of new tools and resources, shall be subject to these Terms and Conditions and may result, in Datasurion’s sole discretion, to a price increase.
“Datasurion” shall not be liable to you, or to any third party, for any damages, costs, expenses, or other liabilities related to any modification, price change, suspension or discontinuance of the Site.
- The Client hereby acknowledges and agrees that the diagnostic procedure is neither foolproof nor perfect. Even though the diagnosis furnished by “Datasurion” to the Client may indicate a strong probability of a successful recovery outcome, Our 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 “Datasurion” or the timeliness thereof.
- “Datasurion” shall have the exclusive professional determination as to the diagnostic assessment and the possible success rate at its' sole discretion. “Datasurion” agrees to use all resources and technology available at any of Datasurion's facilities and/or laboratories to attempt the diagnostic procedure.
- External hard drive enclosures will need to be disassembled in order to diagnose and/or recover the data from these storage devices. It may be become necessary to break or damage these enclosures in order to access the underlying internal storage media present within these storage devices.
- The Client's storage media upon arrival to Datasurion's laboratory will remain secure during the diagnostic procedure according to the rigorous internal security controls implemented at its' facilities.
- “Datasurion” guarantees to the Client that it will not disclose or deliver the storage media to any third parties unless specifically ordered to do so by any governmental, judicial, or administrative order, subpoena, discovery request, regulatory request or similar method. “Datasurion” warrants that it will use the storage media only for the purposes of fulfilling this work engagement. Datasurion's staff and agents are trained to safeguard the privacy of the Client's Data. “Datasurion” enforces a very strict internal policy which ensures absolute discretion to our data recovery clients.
- “Datasurion” uses a software to check whether the storage device is eligible for data recovery insurance, our software neither accesses nor collects any data from our clients.
- The Client's storage media or recovered data shall only be released to those parties named in this legal declaration. Any parties not named herein cannot claim or be released the said storage media or recovered data. Authorized data release individuals may be added by contacting your Dedicated Account Representative and requesting the addition be notated in Datasurion's database.
- External hard drive enclosures will need to be disassembled in order to diagnose and/or recover the data from these storage devices. It may be necessary to break or damage these enclosures in order to access the underlying internal storage media contained within these storage devices. If the Client is concerned about the possible voiding of warranty claims, the Client should first consult the Storage Media’s manufacturer or warranty provider for specific warranty information before beginning any data recovery diagnostic procedure.
- The Client hereby acknowledges that the Storage Media is already damaged and/or malfunctioning prior to “Datasurion” receiving it from the Client. Datasurion's diagnostic procedures and/or data recovery efforts may result in further damage or malfunctioning to the Storage Media. “Datasurion” will use its best efforts to prevent or minimize this risk. However, “Datasurion” will not be liable to the Client for any additional damage or malfunctioning that may occur to the Storage Media as a result of Datasurion’s diagnostic and/or data recovery efforts, including but not limited to any damaged or broken storage media devices, enclosures, or accessories.
- If the Client would like such accessories to be returned, the Client: (1) must notify its “Datasurion” Dedicated Account Representative and have confirmation of the request that these accessories be returned prior to beginning the data recovery diagnostic procedure; and (2) will be responsible for all return shipping and handling costs. The Client hereby agrees that, absent such notification, “Datasurion” will not be liable to the Client for the disposal of any such items.
- No data recovery procedure is foolproof or perfect. Although the diagnosis furnished by “Datasurion” to the Client may indicate a strong probability of a successful data recovery outcome, “Datasurion's professional assessment of the Storage Media cannot guarantee that any specific result will be attained. The Client hereby agrees that no express or implied warranty, guarantee, or promise is created as to the accuracy of any aspect of the diagnostic assessment provided by “Datasurion” to the Client.
THE CLIENT HEREBY AGREES THAT “DATASURION” WILL NOT BE LIABLE TO THE CLIENT FOR ANY VOIDED WARRANTIES BY THE STORAGE MEDIA MANUFACTURER OR BY ANY OTHER WARRANTY PROVIDER.
LAWFUL OWNERSHIP & INDEMNIFICATION
The Client hereby represents, warrants, and affirms that: (1) the Client is the legal owner of the Storage Media, or is the legal owner’s authorized representative; and (2) the Client has the legal right to engage “Datasurion” to perform services, procedures, diagnostics, and/or work on the Storage Media. The Client hereby agrees to fully indemnify “Datasurion” for any claims (whether or not formally asserted in a lawsuit in a court of law) by third parties related to the services provided by “Datasurion” under this Agreement, in the event that the Client’s representation under this paragraph is erroneous. “Datasurion” regrets that it is unable to provide the Client with any type of legal affidavit or testimony concerning the Storage Media. Such services are expressly not within the scope of work under this Agreement.
TRANSPORTATION AND STORAGE MEDIA LIABILITY:
The Client acknowledges that the storage media is already damaged prior to the receipt by “Datasurion”. “Datasurion”'s process of the diagnostic and/or data recovery efforts may result in further damage to the storage media. “Datasurion” regrets that due to these efforts it will not assume responsibility for additional damage that may occur to the storage media. The Client hereby authorizes “Datasurion” to receive and transport the Client's storage media, to and from (or between;) Datasurion's facilities, laboratories and to you the Client. Transportation of such storage media are to be made by you the Client, “Datasurion” or third-party professional shipping couriers and/or transportation providers. “Datasurion” shall not be held liable for the state of the Client’s storage media nor for its transport to or from Datasurion’s facilities or laboratories provided by third-party professional shipping couriers or transportation providers. The client/ you are liable to bear the shipping costs for sending the media storage devices, we shall not be responsible for any damage during the transportation period. We encourage our clients to pack the storage device sufficiently to prevent any damage during the transportation. When “Datasurion” ships the Client's storage media, “Datasurion” ensures to make its’ best efforts in properly packaging and estimating the physical value of the Client's storage media for transport. The Client agrees to inform “Datasurion” in writing of special packaging requirements for the Client's storage media and the requested insurance value of the Client's storage media for transport.
PROPERTY CLAIMS AND RECOVERED DATA CLAIMS
The Client will be responsible for return shipping, handling and packaging costs accordingly. Failure to claim the storage media within this time-frame will result in the storage media securely being destroyed and disposed of. “Datasurion” shall have no liability for unclaimed storage media.
The Site, and other products and services of “Datasurion” , may contain links to other websites or applications. The fact that we link to a website is not an endorsement, authorization, or representation of our affiliation with that third party. “Datasurion” has not reviewed all of the sites linked to or from the Site, or other products and services of “Datasurion” , and is not responsible for the content of any such linked website. We do not exercise control over third party websites.
Your use of links to other websites is at your own risk. We are not responsible for third party sites linked from the Site, or other products and services of “Datasurion” , nor do we make any representation or warranties, express or implied, with respect to any such website.
PRIVACY AND PERSONAL INFORMATION
"Datasurion" shall have the right to use and disclose any information provided by you through the Site, or other products or services of “Datasurion” (including but not limited to information provided through e-mail) or made available through your use of the Site, for any lawful purpose, unless you indicate otherwise in accordance with the policies and procedures therefore of “Datasurion” . In no event shall you be entitled to any compensation for the use of any of such information.
CLIENT ERROR & MISINFORMATION
The Client hereby represents, warrants, and affirms that all information furnished by the Client to “Datasurion” concerning the Client and the Storage Media is true and accurate to the best of the Client’s knowledge. The Client hereby acknowledges that any false, inaccurate, or misleading information concerning the Storage Media may detrimentally affect “Datasurion’s diagnostic and/or data recovery efforts. If the Client incorrectly furnishes the wrong Storage Media to “Datasurion”, the Client will be responsible for: all return shipping and handling costs. Accordingly, please ensure that you (the Client) provide “Datasurion” with the correct Storage Media.
GOVERNING LAW AND AGREEMENT ENFORCEMENT
Governing Law: The enforceability, validity, construction, and operation of this Agreement, and all of its terms, shall be determined according to the laws of the State of Ohio.
Mediation / Arbitration:
If a dispute arises out of or relates to this Agreement, or the breach thereof, and if said dispute cannot be settled through negotiation, “Datasurion” and the Client (“the parties”) agree first to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, before resorting to arbitration.
Any dispute arising out of or relating to this Agreement, or the breach thereof, that cannot be resolved by mediation within thirty (30) calendar days shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgement upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration shall be conducted in the English language IN accordance with the United States Arbitration Act. There shall be one arbitrator, named in accordance with such rules. The award of the arbitrator shall be accompanied by a statement of the reasons upon which the award is based.
If any provision of this Agreement is found to be invalid, that portion shall not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.
The client hereby acknowledges and agrees not to hold “Datasurion” liable for any damages or claims (special, incidental, punitive, contingent or consequential) in any event, whatsoever, for any reason related to this diagnostic work engagement or subsequent work or goods provided by “Datasurion” hereafter.
You agree that these Terms and Conditions constitute the entire, complete and exclusive agreement between you and us regarding the Site and the products and services of “Datasurion” and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and Conditions. The provisions of these Terms and Conditions shall survive any termination thereof indefinitely.
Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
Copyright © 2020 “Datasurion” . All rights reserved. All materials presented on this site are copyrighted and owned by “Datasurion” or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.