Authorization: Any client, user of, or visitor to and Hard Drive 911 Data Recovery web address (HD911WEB), as listed below (Client), is bound by these terms of use and conditions (TERMS) and authorizes Hard Drive 911, LLC, it's agents and/or assignees, contractors, sub-contractors, and partners (HD911) to discuss, conduct evaluation, and data recovery of any and all electronic media/equipment/data (Media) supplied by client, and perform any and all measures necessary to Media. Client authorizes HD911 to receive, transport, and perform work on Media between facilities as necessary. Client authorizes HD911 by, but not limited to, this Form, email, telephone, or facsimile, to process billing upon Client approval of costs.

Legal Rights: Client represents they are legal owner or authorized representative of legal owner of Media and all data furnished to HD911. Client represents that Media contains no classified or regulated data of any sort, including but not limited to HIPAA, GLBA, SB1386, and/or COPPA, unless Client specifically advises HD911 of such data in writing. Upon advisement of protected data, Client shall furnish to HD911 a written copy of Client policy for handling such information. HD911 will attempt to follow Client policy, but can not guarantee adhesion to any specific requirement. If Client has specific concern regarding particular protection or adhesion to Client policy, HD911, at it's sole discretion, may address that policy in an addendum to client's "Intake Form" (INTAKE). Upon completion, data will be returned on Client supplied media. Any Media, property or equipment unclaimed for a period of 15 (fifteen) days (or more) without any ongoing communication (for example, but not limited to, abandoned equipment, unrecoverable Media, Client cancellation, pending Client approval, non-responsive Client, etc.) will be destroyed or recycled at HD911's discretion, at which time, HD911 shall have no liability to Client or any third party.

Limited Liability: Client acknowledges contact with HD911 and/or usage of HD911WEB is due to and commenced after a catastrophic failure of Media or other action. HD911 shall not be liable for any claims regarding Media/equipment function or condition or existence of data on Media before, during, or after service. HD911 shall not be liable for any damage or loss, including, but not limited to, acts of god, cosmetic damage, or theft. In no event will HD911 be liable for any loss of data, revenue, profits, or any special, incidental, contingent, or consequential damages, however caused, before, during or after service, even if HD911 has been advised of possibility of damages or loss to persons or property. Cost and work do not include expert testimony, chain of custody control, or any other control or tracking unless specifically agreed to in an addendum to INTAKE. HD911's liability of any kind, including any negligence on its part, shall be limited to cost of HD911's services. Client and HD911 agree sole and exclusive remedy for unsatisfactory work shall be, at HD911's option, additional attempts by HD911 to perform work or refund (partial or full) of fee, at HD911's sole discretion. The parties acknowledge that the cost of HD911's services would be much greater if HD911 undertook more extensive liability. Client is aware of the inherent risks involved in data recovery and analysis, including without limitation, risks due to destruction or damage to Media or data, and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from damage caused by prior, current, or subsequent recovery attempts. HD911 will not be responsible or liable for the above risks. To perform data recovery and analysis, HD911 may be required to open enclosures and/or drives. HD911 will not be liable or responsible for any voided warranties due to any process. If Client purchases a hard drive from HD911 for recovered data return, HD911 has no liability for data loss on purchased drive for any reason. HD911, may, at its sole discretion, reattempt recovery from original Media or from HD911 archives if available. HD911 has no liability for, nor issues any warranty against, accidental damage, Client error, or Client supplied media or drives. Client agrees to make any and all recovery satisfaction claims within 24 (twenty-four) hours of receipt of recovered data.

Confidentiality: All recovered data shall be kept confidential, except as required by law, by HD911 to at least the same standard HD911 guards its own confidential information. Payment: Payment is due in full upon approval of cost, prior to release and/or return of data and Media. Client is responsible for all shipping costs and insurance (if requested by client). Media, recovered data, and/or other computing hardware will not be returned until payment is rendered in full. Client failure to make payment in full for charges within 30 (thirty) days of date of completion notification authorizes HD911, at its option, to sell or otherwise dispose of media and/or computing hardware 30 (thirty) days from completion notification date to offset costs and expenses. This document shall be considered notice to Client of such sale. Inspection fees are non-refundable and are applied to cost.

Warranty: HD911 makes no warranty, express or implied. HD911 disclaims any warranty of any kind, including any warranty of merchantability or fitness for a particular purpose. Agreement: Parties shall submit all disputes (contract, tort or both) relating to this Agreement, to arbitration in accordance with the Rules of the American Arbitration Association, and are waiving their rights to a jury trial. Either party may enforce arbitrator award in a Court of competent jurisdiction. Arbitration shall take place in Los Angeles County, CA. The laws of the State of California shall apply.

Severability: If any term or condition of this agreement is found to be unenforceable, it shall not void or obviate any other term or condition. Scope: This document represents the entire Agreement between HD911 and Client and supersedes and/or replaces any/all agreement(s), written and/or oral, between HD911 and Client.