b)  Authorization of Recovery. If you accept the cost estimate, submit your data storage device or media to us along with your credit card information (or other payment method approved by us) and we will apply our existing technology and standard processes and use reasonable efforts to recover your data. By submitting your device and payment information, you agree to pay the fee quoted and authorize us to charge your credit card for such amount if we are able to successfully recover the data as promised.

3. Successful Recovery Effort. If we are able to successfully recover data, we will notify you and charge you. We will not release your data to you until you have paid for our data recovery services and costs (Including, without limitation, applicable service fees, material costs, new media costs, shipping costs, customs duties and taxes).

4. Unsuccessful Recovery Effort. If we are unable to recover any data, we will inform you accordingly and not charge you for our efforts beyond the non-refundable evaluation fee. If, we are able to recover part but not all of your data, we will inform you accordingly and you may choose to receive the recovered data for the agreed fee.

5. Disposal of Abandoned Device, Media or Data after 90 Days. Any device, media or data left with us without full payment after 90 days will be disposed of in our discretion; and you release us from any obligation of confidentiality related to the device, media and data.

Service Limitations: We cannot promise any particular results. We are only committing to reasonable efforts and the application of our existing technology and standard processes. We cannot guarantee that any data will be recovered. Also, our attempt to recover the data may result in damage to the device, media or data and may even render any data unrecoverable. To the extent possible, you should attempt to back up any available data before submitting it to us.

Authorization: You are authorizing LC Technology and its employees, agents and delegates to conduct testing, evaluation, access, recovery attempts and processing of each data storage device or data storage media that you submit to us.

Legal Rights: You represent to LC Technology 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 legal and that you have the unrestricted legal right (a) to send us the device, media and data; (b) to have the data recovered; (c) to receive the recovered data; and (d) to agree to these terms. You will defend and indemnify us (Including our directors, officers, employees and contractors) from any claims or actions relating to the device, media or data or your rights or lack of rights thereto.

Confidentiality: We will protect the confidentiality of your data against unauthorized disclosure using the same degree of care as we use to protect our own confidential information.

Disclaimer of Warranties, Representations and Guarantees: We perform this service “as is,” with all faults, at your sole risk. We do not extend any express warranties, representations, conditions or guarantees regarding our data recovery services or their results and to the maximum extent permitted by applicable law and subject to any statutory warranties that cannot be excluded, we expressly disclaim all implied warranties, Including any implied warranty or condition of merchantability, warranty of fitness for a particular purpose or warranty of accuracy or completeness.

Limitation of Liability: We will not be liable for any harm caused, unless you prove that we caused damages intentionally. Without limiting the generality of the foregoing, we will not be liable for the condition, existence or loss of the data you send us or the data we recover; any loss of revenue, loss of profits or any indirect, special, incidental or consequential damages however caused. To the maximum extent permitted by applicable law, this disclaimer shall apply to any and all damages, regardless on the legal theory on which they are asserted (Including, without limitation, contract, breach of contract and tort) and regardless of whether we have been advised of the possibility of loss or damages - unless you prove that LC Technology caused damages to you intentionally.

Liability Cap: To the maximum extent permitted by applicable law, the amount of our liability will not exceed the total price you actually pay us for the data recovery services. The essential purpose of this limitation is to limit our liability for performing the data recovery services; this allocation of risk is reflected in our prices. This paragraph will apply notwithstanding any other provisions in this agreement or the failure of any remedy.

Exclusive Remedy: Your exclusive remedy for unsatisfactory work or data will be, at our option, additional attempts by us to recover satisfactory data or refund of the amount paid by you. You acknowledge that the price of our services would be much greater if we undertook more extensive liability.

Personal Data: You must provide true, accurate and complete information about yourself as prompted by the request form, Including, without limitation, your name, address, e-Mail address, telephone number and credit/debit card information, as applicable (collectively, “Personal Data”). You acknowledge that we may send you important information and notices regarding your requests by e-Mail and that we shall have no liability associated with or arising from you failure to maintain accurate Personal Data.

Terms of Payment: Payment shall be made by credit/debit card or some other pre-arranged method of payment acceptable to us. Where payment is made by credit/debit card, such payment is subject to the approval of the financial institution issuing the credit/debit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit/debit card for any reason.

Sale and Other Taxes: We will withhold all taxes where we are required to do so by law. You will be responsible for all other applicable taxes not collected by us.

Compliance with Laws: The transactions contemplated hereby may be subject to the customs and export control laws and regulations of your country of residence and the countries where our data recovery facilities are located. You agree to comply with all customs and export laws and all other applicable laws, statues ordinances and regulations relating to use of this site and the data recovery services we offer. You acknowledge that violations of these terms and conditions or the terms and conditions of this site could be subject to criminal or civil penalties. You may not assign your rights or obligations under these terms and conditions without LC Technology’s express written consent.

Dispute Resolution: The parties will attempt to resolve any dispute related to the data recovery services through good faith negotiation. To the extent permitted by applicable 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 under the rules of the International Chamber of Commerce. Each party will bear their own costs in arbitration. Both parties waive their rights to a jury trial. All proceedings will take place in Clearwater, Florida USA. The laws of the state of Florida will exclusively govern our provision of the data recovery services, without regard to  conflicts of laws rules. You consent to the exclusive personal jurisdiction and venue of the Courts of Pinellas County in Florida and the United States District Court for the Middle District of Florida, with respect to such matters. 

Severability: If any provision of these terms and conditions is held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not be affected thereby.

Legal Effect: These terms and conditions describe certain legal rights. You may have other rights under applicable law. These terms and conditions do not change your rights under applicable law if such laws do not permit these terms and conditions to do so.