1. This agreement is for evaluation and possible subsequent recovery of data from the aforementioned media to determine necessary data recovery services which may be provided for the customer listed above by, hereinafter referred to as “RIA”.
  2. Customer represents that it is in lawful possession of all data, media, and/or equipment made available to RIA, and that possession of such property is not forbidden by any local, state or federal law.
  3. A non-refundable evaluation fee for each media to be analyzed may be due upon receipt of the media.
  4. Customer understands that the media/data is damaged or otherwise unusable and the attempt for recovery may further damage media/data and releases RIA of all liability for any claims for loss or damages to the media/data caused by efforts to retrieve data, or otherwise.
  5. Upon completion of the evaluation, RIA will provide the customer with information regarding the amount of data recoverable and a quote to complete the attempted recovery. Parts may be necessary in order to complete the evaluation process to initially determine subsequent data recoverable. RIA may request an additional deposit or fees to cover the cost of parts to complete the evaluation. This deposit/fee is non-refundable, is due prior to continuation of attempted recovery, and is due whether or not the recovery is successful. Parts pricing cannot be predetermined or estimated and is separate from the final price or quote provided. Fees herein are in no way indicative of the final price for the final data recovery and are not applied to the final price of the data recovery. Parts pricing will be provided by RIA to the customer for consideration at the time of the evaluation.
  6. RIA can in no way predict or guarantee an accurate time of completion of services. Any additional service charge paid for expedited service does not guarantee a shortened completion time.
  7. Recovery of data is NOT GUARANTEED OR WARRANTED in any way by RIA. Each item of media/data which will be returned to customer shall be on an “as is” basis without any warranties, expressed or implied, and specifically excluding any implied warranty of merchantability and fitness for a particular purpose, or for loss of damage thereto in transit or while in RIA’s possession. RIA shall not be liable to customer for any act or omission of RIA which is the cause of loss or injury to customer or any third party. Notwithstanding any other provision of this Agreement to the contrary, RIA total liability to customer arising out of this Agreement and/or termination hereof for any losses, claims, costs or damages arising out of any cause whatsoever, whether at law, in equity or otherwise, shall be in no event exceed the total amount actually paid by the customer to RIA in respect to services performed hereunder. IN NO EVENT SHALL RIA BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUES, OR GOODWILL, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT RIA HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
  8. Neither this agreement, nor any supplemental services or other exhibit hereto, may be added to, modified, superseded or otherwise altered except by a written instrument signed by RIA and customer.
  9. Data/media unclaimed or otherwise abandoned at RIA’s location or one of RIA’s affiliates locations in excess of 30 days after completion of services rendered will be disposed of at RIA’s discretion. RIA will not be responsible for data/media left in its possession beyond 30 days.
  10. In the unlikely event that a dispute arises between customer and RIA, related in anyway to the agreement, shall be resolved by binding arbitration rules of the American Arbitration Association.
  11. Please be advised! We archive your original image data which contains your recovered data for 30 days! After 30 days your image data will be deleted permanently with no chance for recovery. We encourage you to spend time making sure that all of the data you desire has been recovered, if not, let us know immediately and we can extend the time of the archive if necessary and continue to help. IMPORTANT! For security reasons and to protect the parties involved, any original media including its original data, including the following: flash drives, thumb drives, cd’s, dvd,s, hard disk drives, sd cards, micro sd cards, cell phones and more will be destroyed if left beyond 60 days or unless detailed arrangements have been approved by both parties. 
  12. The use of the services or the downloading or other use of any products through the site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. RIA assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Web Site or in connection with any services or products offered through the Web Site or our companies. No advice or information whether oral or written, obtained by you from RIA or from the Web Site shall create any warranty whatsoever.
  13. By clicking the box “I’ve read and accept the “Terms and Agreement”” or signing this agreement, you are acknowledging you have read and fully understand the contents of this document and its application in regards to your data recovery. If you do NOT agree to all these Terms of Use, you should NOT use this Web Site and you should not continue using our services or initiating payment for our services.