Terms and Conditions for DriveSavers Services

The terms and conditions set forth below (“Terms”) govern your inquiry, ordering, purchase, and/or receipt of data recovery services (“Services”) provided by DriveSavers, Inc. and its employees, agents, and delegates (collectively, “DriveSavers,” “us,” or “our”) to the client (“you,” “your,” or “Client”). Client acknowledges that you have read and accept the Terms herein.

Contact Details

You can contact DriveSavers by calling our customer service team at 415-382-2000, or by emailing us at [email protected]. The DriveSavers mailing address is 400 Bel Marin Keys Boulevard, Novato, California, 94949, USA.

Client Authorization

By sending or otherwise presenting or providing access to your storage media, data, or device(s) (collectively, “Device”) to DriveSavers, Client authorizes DriveSavers and its employees, agents, and delegates to access and conduct testing, evaluation, and recovery attempts on said Device.

DriveSavers Data Recovery Services

Client acknowledges and agrees that the data recovery process is not always predictable and that DriveSavers cannot guarantee that any specific result will be attained. DriveSavers shall use its professional determination with regard to the diagnostic assessment, methods used, and possible success rate, at its sole discretion, and will use its best efforts to recover Client’s data.

In connection with the Services, Client acknowledges and agrees that any and all Devices submitted to DriveSavers (including internal or external hard drives, laptops, servers, mobile devices, and other digital storage media) may be opened by DriveSavers for evaluation, testing, and recovery purposes. Before sending DriveSavers any Device, Client should consult manufacturer warranty information that may be relevant. In no circumstances shall DriveSavers be held liable for voided warranties or damages that might be caused by the opening or access of the Device submitted by Client.

DriveSavers data recovery technicians will make every attempt to recover as much data as possible but cannot guarantee or promise that specific files or data (or any files or data whatsoever) will be recovered, or any other specific result. Additionally, Client acknowledges and agrees that efforts by DriveSavers to recover your data may result in damage to the submitted Device, or related data, and that DriveSavers will in no way be liable for any such damage. To the extent possible, Client should attempt to back up any available data before submitting any Device to DriveSavers. Regardless of DriveSavers success at recovering files on Client’s storage media or device, Client agrees to pay DriveSavers any agreed non-refundable amounts or service fees for recovered data.

Submitting Your Device to DriveSavers

You can submit your Device using the provided shipping label or via your own preferred shipping method to 400 Bel Marin Keys Boulevard, Novato, California, 94949, USA. Client is responsible for using appropriate shipping and packaging materials to ensure that the Device is not damaged in transit. If you use the provided label, DriveSavers will pay the shipping costs, including insurance of the Device for $300. If you believe you need additional insurance, you are responsible for obtaining such additional insurance at your expense before sending us your Device.

If any cables, cords, or other accessories are sent along with the Device, DriveSavers is not responsible for these accessories. DriveSavers will not be held liable for lost or missing cables or other accessories. Furthermore, Client should not assume that Devices will be returned to them in the same packaging as they used to send it to DriveSavers.

Return of Your Device

Assuming you have complied with all of these Terms and once payment for Services has been received, DriveSavers will ship your Device to you at your address as it appears in our records via a shipping method of our choosing at your expense, or as otherwise agreed in writing between you and us. DriveSavers will insure the Device for $300, unless you inform us in writing that you would like a higher insurance value and provide payment for any such additional insurance amount.

Intellectual Property Rights

Client’s Device and data shall at all times remain your property and DriveSavers shall have no right, title, or interest to them, except for the right to possession and use of your Device and data for the purposes of performing the Services. DriveSavers retains all right, title and interest in the provision of the Services, including any improvements or enhancements to the Services.

Customer Representations and Warranties

Client hereby represents and warrants that:

1. You are legally capable of entering into binding contracts;
2. You have authority and capacity to agree to these Terms and all service orders and contracts related to your or your business’s use of the Services;
3. You are the owner of the Device and/or have permission from the owner of the Device for DriveSavers to perform the Services, and you are legally permitted to grant us access to the Device and any related data, passwords, software, and/or codes required to perform the Services;
4. Your submission of the Device to DriveSavers does not breach any rights or obligations of any third parties or infringe the intellectual property rights of any third parties; and
5. The Device does not contain any material or data which will breach applicable law.

DriveSavers reserves the right to request documentary evidence of your ownership or legal right to authorize the Services and to suspend or not commence the Services without receipt of such evidence.

Disclaimers and Limitations of Liability

By shipping and/or providing your Device to DriveSavers, you agree and acknowledge that your use of DriveSavers services is at your sole risk.

DRIVESAVERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ITS SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY WORK PERFORMED OR MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.

You also acknowledge and agree that once your Device has been shipped and/or submitted to DriveSavers, DriveSavers will have no liability whatsoever concerning the Device, including without limitation any liability for: (a) provision of Services; (b) the Device not being available for use; (c) any lost, corrupted, or compromised data, software, or hardware; or (d) any lost revenues, lost profits, or loss of business.

YOU AGREE THAT IN NO EVENT SHALL DRIVESAVERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUES OR GOODWILL, HOWEVER CAUSED. YOU FURTHER AGREE THAT FOR ANY LIABILITY RELATED TO OR ARISING OUT OF THE SERVICES, DRIVESAVERS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT PAID TO DRIVESAVERS BY YOU.

Indemnification

Client shall indemnify DriveSavers in full against and hold DriveSavers harmless from any and all claims, costs, damages, losses, liabilities, expenses (including without limitation legal expenses) demands, settlements, and judgments awarded against or incurred or paid by us (collectively “Losses”) as a result of or in connection with any and all of your acts, inactions and/or omissions related to these Terms, including without limitation a breach of your representations and warranties set forth above.

Confidentiality Obligations

Client and DriveSavers agree to not disclose any Confidential Information of the other party to any third party without the prior written authorization of the party disclosing the Confidential Information and to: (i) use such Confidential Information only for the purposes of carrying out its obligations and the Services pursuant to these Terms; (ii) use the same methods and degree of care to prevent disclosure of such Confidential Information as it uses to prevent disclosure of its own proprietary and Confidential Information but in no event less than reasonable care; and (iii) disclose Confidential Information to its employees, agents, and approved third parties, only on a need-to-know basis provided that all such persons are bound by duties of confidentiality no less onerous than are set out in these Terms.

These confidentiality obligations shall not apply to any Confidential Information: (i) which enters the public domain through no fault of the recipient party; (ii) which was known to the recipient party prior to receipt from the other party; (iii) which is disclosed to the recipient party by a third party (other than employees or agents of either party) in circumstances that such disclosure is not in violation of any confidentiality obligation to the party disclosing the Confidential Information; or (iv) which is independently developed by the recipient party without recourse to Confidential Information.

Confidential Information may be disclosed in response to a valid court order or other legal process only to the extent required by such order or process and only after the receiving party provides the disclosing party written notice, if legally allowed, of such court order or other legal process promptly and the opportunity to seek a protective order or confidential treatment of such Confidential Information, at the disclosing party’s expense, with reasonable cooperation by the receiving party. DriveSavers may disclose Confidential Information, including your data, where required by law and to cooperate with any law enforcement authorities, governmental agencies, or court orders requesting or directing such disclosure.

Dispute Resolution – Agreement to Arbitrate

By shipping and/or submitting your Device to DriveSavers, you agree that any dispute, claim or controversy arising out of or relating to DriveSavers Services and/or work performed on your Device shall be determined by confidential arbitration by JAMS in Los Angeles before one arbitrator, applying the laws of the State of California, without regard to conflict of laws issues. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, and shall be conducted in English. Judgment on the Award may be entered in any court having jurisdiction.