The Terms and Conditions (“Terms”) set forth herein describe the terms under which Drive Data Recovery LLC d/B/A DriveFixers.com (“DriveFixers.com”, “Drive Fixers”, “we”, “our”, or “us”), a New York Limited Liability Company with its principal place of business in New York, offers the client (“you”, “your”) access to this website (including all content and functionality available through https://www.drivefixers.com), and the services provided by DriveFixers.com. The Terms govern your inquiry, ordering, purchase or receipt of data recovery services (“Services”) provided by DriveFixers.com.
You acknowledge that you have read the Terms and that you accept all contents and conditions herein. By visiting or using the Services available on https://www.drivefixers.com (the “Site” or “https://www.drivefixers.com”) you agree to the following terms and conditions, without modification. If you are not satisfied with the Site or do not agree to these Terms, you agree to immediately discontinue using the Site. Your use of the Site after the effective date signifies your acceptance of all of the Terms of this agreement (the “Agreement”).
By accessing and using the Site and the services offered by DriveFixers.com, you represent to us that you are at least eighteen (18) years of age and have legal capacity to contract. Before you use the Services of the Site, you must read and accept all the Terms of this Agreement.
Data Recovery Process and Service Efforts:
Any and all storage media provided to DriveFixers.com may be opened for evaluation and diagnostics procedures (the “Diagnostics”). Devices such as iPods, iPads, iPhones, Mobile Phones, Netbooks, Notebooks, Laptops, RAID arrays, Servers, and other similar devices will also need to be opened in order to access the underlying storage media present within these storage devices. You may wish to consult your individual manufacturer for specific warranty information on their relevant storage media. In no event shall DriveFixers.com be held liable for any voided warranties or damages that may be caused by the opening of these storage devices mentioned herein.
You hereby acknowledge and agree that the Diagnostics are neither foolproof nor perfect. Even though the diagnosis furnished to you by DriveFixers.com may have a strong probability of a successful recovery outcome, the DriveFixers.com professional assessment of your storage media cannot guarantee that any specific result will be attained. No warranty is stated, express or implied, in any way as to the accuracy of the assessment provided by DriveFixers.com or the timeliness thereof. DriveFixers.com shall have the exclusive professional determination as to the diagnostic assessment and the possible success rate at its’ sole discretion. DriveFixers.com agrees to use all resources and technology available at any of DriveFixers.com’s facilities to attempt the Diagnostics.
You will be responsible for payment if we are able to successfully recover any user files. Whether we are able to recover one file or hundreds of files, any user files successfully recovered will result in full payment due. It is impossible for any data recovery company to guarantee a full and complete file recovery, especially for storage devices that are damaged. Our sole guarantee is that you will only make payment when we recover data, unless it is determined that additional parts are required. In such event, you will be notified and must authorize any additional costs for parts. In most cases, the damage that originally caused your drive to stop functioning makes it impossible to access some parts of the drive that contain data. Our data recovery technicians will make every attempt to recover as much data as possible, but there is no way to guarantee that specific files will be recovered. If no user files can be recovered from the device (i.e. if the device is too badly damaged), you will not be charged; except in the event that you authorize additional parts required for repairing the drive to make data recovery possible.
Authorization:
You are authorizing DriveFixers.com and its employees, agents, contractors, and delegates to conduct testing, evaluation, access, recovery attempts and processing of each data storage device or data storage media that you submit to DriveFixers.com.
Service Limitations:
DriveFixers.com cannot and does not guarantee or promise any specific results. DriveFixers.com will provide commercially reasonable efforts and the application of our existing technology and standard processes. DriveFixers.com does not guarantee that any data will be recovered. Furthermore, DriveFixers.com’s attempt to recover the data may result in damage to the device, media, or data, and render some or all data unrecoverable. To the extent possible, you should attempt to back up any available data before submitting it to DriveFixers.com.
Communications:
All communications regarding your request, project, services, including cost estimates and invoices, will be available with DriveFixers.com and communicated verbally over the phone, in writing, or sent to the e-mail address that you have provided.
Representations and Warranties:
By using DriveFixers.com services, you represent to DriveFixers.com that you are of the legal age of majority in your state or country of residence. You warrant that you are the legal owner or the authorized representative of the legal owner of the device, media, and data. You warrant that that the data on your device is not illegal, or for an illegal purpose, and that you have the legal right (a) to send us the device, media, and data; (b) to have the data recovered using the Services; (c) to receive the recovered data; and (d) to agree to these Terms and this Agreement. You will indemnify and hold harmless DriveFixers.com, including its directors, officers, agents, employees, and contractors) from any claims or actions relating your use or misuse of the Services, device, media, or data, or your rights or lack of rights thereto.
Confidentiality:
DriveFixers.com shall not to disclose or deliver the storage media or its data contents to any third parties unless specifically ordered to do so by a court, administrative, or other valid legal order. For the purposes of this Agreement, an agent or contractor of DriveFixers.com shall not be considered a third party. DriveFixers.com employees and agents are trained to safeguard the privacy of your data. This confidentiality clause is void if, at any time, DriveFixers.com discovers information in the storage media or data that contains child pornography or any information that may be detrimental to a U.S. national security interest.
Disclaimer of Warranties, Representations and Guarantees:
DriveFixers.com DOES NOT MAKE ANY EXPRESS WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES REGARDING OUR SERVICES OR THEIR RESULTS AND EXPRESSLY DISCLAIMS ALL WARRANTIES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability:
You acknowledge that the storage media is already damaged prior to receipt by DriveFixers.com. You acknowledge and agree that the Diagnostics and/or recovery service efforts performed by DriveFixers.com may result in further damage to the storage media and you will not hold DriveFixers.com liable for the condition, existence, or loss of the data you send us or the data we recover, including but limited to; loss of revenue, loss of profits, or any indirect, special, incidental, or consequential damages. To the maximum extent permitted by law, this disclaimer shall apply to any and all damages, regardless of the legal theory on which they are asserted (including, without limitation, contract, breach of contract, and tort), even if we have been advised of the possibility of such loss or damages. In no event will DriveFixers.com’s liability exceed the total price paid to DriveFixers.com for the Services. Furthermore, you agree that in the event we subcontract or delegate the Services to a third-party agent or contractor, you will have no remedy, in law or equity, against DriveFixers.com and any defects or damage to the storage media or data must be remedied by the relevant third-party.
This Limitation of Liability shall apply notwithstanding any other provisions in this Agreement, the failure of any remedy, or failure of essential purpose. Your sole remedy for unsatisfactory work or loss of data will be, at our option, additional attempts by us to recover satisfactory data or a refund of the amount paid by you.
Submission of Equipment:
You can submit the equipment by printing out the provided shipping label on your printer. You can select this option on our website and our system will generate a shipping label, submission form and step by step instructions for you to print out on your printer. It is your responsibility to obtain shipping materials, pack the equipment and provide the shipping materials to the appropriate shipment location (FedEx Store Location). If you use this method, we will pay the shipping costs, including insurance of the equipment for up to $100.00. If you require additional insurance, it is your responsibility to obtain such insurance at your expense before sending us your equipment.
We reserve the right, in our sole discretion, to reject delivery of any mail, envelope or package which appears to be damaged, opened, or tampered with. Any such mail, envelope or package will be returned to you, the customer. DriveFixers.com shall have no liability to any customer for any such attempted delivery or return of items. Furthermore, we reserve the right to return equipment, at your expense, in the event that it deviates from the written description you have provided of the equipment.
Return of Equipment:
In all cases, in the event that you have complied with these Terms and the Agreement and your equipment is returned to you by DriveFixers.com, we will ship your equipment to you at your address as it appears in our records via a shipping method of our choosing. Furthermore, we will insure the equipment for up to $100 unless you inform us, in writing, prior to shipment that you desire a higher insurance value. You will be required to pay for any additional insurance or alternate method of delivery requested, and we must have proof of such payment before we will return the equipment.
Due to certain recovery procedures required to recover data, DriveFixers.com may not be able to recover the original media intact. Additionally, DriveFixers.com reserves the right to securely destroy any and all hardware provided by the you (i.e. data cables, power cables, hard drive enclosures, RAID enclosures, etc.), including the recovery media itself, even if specifically requested to be returned.
Payment and Billing:
Various packages for Services are made available to you on our Site. By selecting a package on our Site, you agree:
Dispute Resolution:
The parties will attempt to resolve any dispute related to the Services through good faith negotiation. To the extent permitted by law, if the parties are unable to resolve the dispute through good faith negotiation, then the dispute will be submitted to final and binding arbitration with the Judicial Arbitration and Mediation Services. Each party shall bear its own costs in arbitration. Both parties hereby waive their right to a jury trial. The construction, interpretation and enforcement of this Agreement shall be governed in accordance with the laws of the State of New York, without regard to that body of law known as conflict of laws.
General:
DriveFixers.com is located and domiciled in New York. You agree that the Site shall be deemed a passive website that does not give rise to personal jurisdiction, either specific or general, in any jurisdiction other than New York. The parties hereby waive personal jurisdiction in any other state besides that of New York.
DriveFixers.com reserves the right to amend the Terms at any time by posting the revised terms on the Site. Unless otherwise stated in such revision, the revised terms will take effect when posted on the Site. You are responsible for reviewing the notice and any changes. Your continued use of the Site and our services, following changes or modifications to the Terms, will constitute your acceptance of such changes or modifications. If you do not agree to such changes or modifications that are made to Terms herein, please discontinue use of the Site and the Services offered by DriveFixers.com.
Except for the payment of fees to us, neither party shall be responsible for failure to perform or any delay in performance of any obligation hereunder due to acts of God, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government or governmental bodies, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance by such party shall be extended by the period of such delay.
These Terms and all policies referenced herein constitute the entire agreement between the parties with respect to the use of this Site and the Services offered by DriveFixers.com. Likewise, this Agreement and all policies referenced herein supersede all prior and contemporaneous agreements between the parties relating to the subject matter, as well as any conflicting or inconsistent terms in any websites that link to or are linked from this Site.
Ownership:
You acknowledge and agrees that any data recovered from the drive shall be the property of DriveFixers.com until full payment is received for the recovery thereof, after which ownership of the data shall be deemed to have transferred to you. Notwithstanding, in the event of a chargeback or similar circumstance, the transfer in ownership of the data to you shall be deemed void ab initio and DriveFixers.com, as owner of the recovered data, may take all steps necessary recoup the costs of the chargeback.
Severability:
If any provision of this Agreement is held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by law and the validity, legality and enforceability of the remaining provisions shall not be affected thereby.
Changes to Terms:
DriveFixers.com reserves the right, in its sole discretion, to change the Terms under which https://www.drivefixers.com is offered. The most current version of the Terms will supersede all previous versions. DriveFixers.com encourages you to periodically review the Terms to stay informed of our updates.
Contact Us:
DriveFixers.com welcomes your questions or comments regarding the Terms:
DriveFixers.com
support@drivefixers.com
Last Revision Date: April 4, 2018