1. Acceptance of Terms of Service DataRecoveryComparison.com:
The DataRecoveryComparison.com website ("Site") is provided to you by unnamed
individuals under the terms and conditions set forth herein ("Terms of Service"
or "TOS"). These TOS govern your use of Site and all services provided in
connection with Site. If you do not agree to the then current TOS, please do not
access or otherwise use the Site. These TOS may be updated by
DataRecoveryComparison.com at any time in its sole discretion; please check
http://www.DataRecoveryComparison.com for the most current version of these TOS.
Your continued use of Site will signify your acceptance of any change in the
terms and conditions set forth herein. DataRecoveryComparison.com may modify or
discontinue Site with or without notice to you and without liability to you or
any third party.
DataRecoveryComparison.com is not responsible for the validity of the consumer
complaints posted to the DataRecoveryComparison.com site.
DataRecoveryComparison.com in not responsible, in any way, for providing, or
helping to provide, businesses' responses to the consumer complaints that are
posted on the DataRecoveryComparison.com site, and /or forwarded to businesses.
Many complaints posted to DataRecoveryComparison.com are an historical
'snapshot' of an ongoing situation, as seen through the eyes and perception of
an individual consumer, often with incomplete or inaccurate information at their
disposal. The point is, the consumer had a positive intent in writing their
message; in helping themselves, in helping other consumers, in helping the
subject business provide a better product or service. This positive intent, as
perceived by DataRecoveryComparison.com, is a requirement for a consumer to post
a message to DataRecoveryComparison.com.
2. Access to the Services.
Subject to these TOS, DataRecoveryComparison.com may offer to provide certain
services, as described more fully on the Site, and which are selected by you
through the process provided on the Site ("Services"), solely for your own use,
and not for the use or benefit of any third party. Services shall include, but
not be limited to, any services DataRecoveryComparison.com performs for you, as
well as the offering of any content on the Site. DataRecoveryComparison.com may
change, suspend or discontinue the Services at any time, including the
availability of any feature, database, or content. DataRecoveryComparison.com
may also impose limits on certain features and services or restrict your access
to parts or all of the Services without notice or liability.
You certify to DataRecoveryComparison.com that you are an individual at least 16
years of age. You also certify that you are legally permitted to use the
Services and access the Site, and take full responsibility for the selection and
use of the Services and access of the Site. These TOS are void where prohibited
by law, and the right to access the Site is revoked in such jurisdictions. You
also agree that you will comply with any local laws or regulations that may
apply to your use of Services, including, without limitation, any laws requiring
registration or filings with local authorities, and the payment of any taxes.
You shall be responsible for obtaining and maintaining any equipment or
ancillary services needed to connect to, access the Site or otherwise use the
Services, including, without limitation, modems, hardware, software, and long
distance or local telephone service. You are responsible for ensuring that such
equipment or ancillary services are compatible with the Services.
2b. Fee-based Services.
DataRecoveryComparison.com may offer fee-based service services from time to
time. These services are made available to offer additional help for
communicating with a company. The services provided in these options do not in
any way guarantee that your complaint or issue will be resolved. Nor do the
services guarantee that you will get results of any kind. The terms of the
services provided are explained in the description of each service when the
service is offered. DataRecoveryComparison.com reserves the right to change or
remove a service at any time for any reason. DataRecoveryComparison.com is not
responsible to notify you when a service is changed or removed.
3. Content of Opinions/Letters
While you alone are responsible for the content of your messages, and the
consequences of any such messages, you agree to abide by the guidelines below.
DataRecoveryComparison.com reserves the right to "remove your posting" or
"terminate your use" if it becomes aware and determines, in its sole discretion,
that you are violating any of the following guidelines.
DataRecoveryComparison.com requires that any information posted by you regarding
a company is truthful, factual, and represents an actual incident. Companies are
protected by law from false claims against them. Your complaint could be
construed as a claim about a company and may be subject to libel laws. Please
verify that all information submitted is accurate and factual.
As a user of the Site, you acknowledge that DataRecoveryComparison.com does not
pre-screen or edit user authored content but that DataRecoveryComparison.com and
its designees shall have the right, (but not the obligation) in their sole
discretion, to edit or move any content that is available via the Site. Without
limiting the foregoing, DataRecoveryComparison.com and its designees shall have
the right to remove any content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate and bear all risks associated
with the use of any content, including any reliance on the accuracy and
completeness of such content. You acknowledge that DataRecoveryComparison.com
may preserve your content and may also disclose content if required to do so by
law or in the good faith belief that such preservation or disclosure is
reasonable necessary to: (a) comply with a legal process, (b) enforce the TOS,
or (c) respond to any claims that the content violates the rights of third
parties.
In the event that you post or make accessible communications or other materials
that infringe the copyrights of a third party, DataRecoveryComparison.com shall
take the actions described in copyright infringement policy pursuant to the
Digital Millennium Copyright Act.
Any use by you of any other user's information, personal or otherwise, for any
commercial purpose or to obtain direct financial gain (e.g. mass marketing) is
prohibited. Any such use shall be deemed to be a violation of these Terms of
Service. Site is to be used by you for your personal use only. Commercial uses
of Site are strictly prohibited unless prior written consent from
DataRecoveryComparison.com has been granted. You agree that you will not use
Site for chain letters, junk mail, 'spamming,' solicitations (commercial or
non-commercial) or bulk communications of any kind including but not limited to
distribution lists to any person who has not given specific permission to be
included in such a list.
You further agree not to use Site to send or post on message boards or any place
on Site, any message, material or user name that is unlawful, harassing,
libelous, defamatory, threatening, harmful, vulgar, obscene, profane, sexually
oriented, threatening, racially offensive, or inaccurate material of any kind or
nature or that encourages conduct that could constitute a criminal offense, give
rise to civil liability or otherwise violate any applicable local, state,
national or international law or regulation, or encourage the use of controlled
substances. DataRecoveryComparison.com reserves the right to delete any such
material from Site. DataRecoveryComparison.com will cooperate fully with any law
enforcement officials and/or agencies in the investigation of any person or
persons who violate the Terms of Service contained in this Section 3.
You agree not to impersonate any other person or entity, whether actual or
fictitious, including impersonating an employee or consultant of
DataRecoveryComparison.com.
You agree not to post or use Site to distribute or send any illegal material of
any kind, including but not limited to, illegal material in the form of text,
graphics, video, programs or audio. Posting content or participating in any form
of discussion with the intention to commit any illegal activity is strictly
prohibited.
4. Ownership of Content
The Site is protected by copyright as a collective work and/or compilation,
pursuant to U.S. copyright laws, international conventions, and other copyright
laws. You may not modify, publish, transmit, participate in the transfer or sale
of, reproduce (except as permitted in this Agreement for the use of Services),
create derivative works based on, distribute, perform, display, or in any way
exploit, any of the content located on the Site ("Content"), materials, or
Services in whole or in part. You may download or copy the Content, and other
items displayed on the Site for download, for personal use only, provided that
you maintain all copyright and other notices contained in such Content. You will
not store any significant portion of any Content in any form. Copying or storing
of any Content for other than personal, noncommercial use is expressly
prohibited without prior written permission from DataRecoveryComparison.com, or
from the copyright holder identified in such Content's copyright notice. By
submitting content, which shall include your member name, to any "public area"
of Site, including message boards, forums, contests and chat rooms or by
submitting content for transmission to a third party, you grant
DataRecoveryComparison.com, its affiliates, and the parties to whom such content
is addressed a royalty-free, perpetual, irrevocable, non-exclusive right
(including any moral rights) and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, communicate to the
public, perform and display the content and any copyright rights, trademark
rights, and other intellectual property rights contained therein (collectively,
the "Rights") (in whole or in part) worldwide and/or to incorporate it in other
works in any form, media, or technology now known or later developed, for the
full term of any Rights that may exist in such content. You also warrant that
the holder of any Rights, including moral rights in such content, has completely
and effectively waived all such Rights and validly and irrevocably granted to
you the right to grant the license stated above. You also permit any user to
access, display, view, store and reproduce such content for personal use.
Subject to the foregoing, the owner of such content placed on Site retains any
and all Rights that may exist in such content.
5. Registration and Password
You are responsible for maintaining the confidentiality of your password. You
shall be responsible for all uses of your registration, whether or not
authorized by you. You agree to immediately notify DataRecoveryComparison.com of
any unauthorized use of your registration or password.
6. Disclaimer of Warranties
DataRecoveryComparison.com makes no representations or warranties about the use,
applicability, or performance of the Services or Content made available on the
Site. DataRecoveryComparison.com has no special relationship with or fiduciary
duty to you. You acknowledge that DataRecoveryComparison.com has no control
over, and no duty to take any action regarding: which users gain access to the
Site; what Content you access via the Site; what effects the Content may have on
you; how you may interpret or use the Content; or what actions you may take as a
result of having been exposed to the Content. You release
DataRecoveryComparison.com from all liability for your having acquired or not
acquired Content through the Site. The Site may contain, or direct you to sites
containing, information that some people may find offensive or inappropriate.
DataRecoveryComparison.com makes no representations concerning any content
contained in or accessed through the Site, and DataRecoveryComparison.com will
not be responsible or liable for the accuracy, copyright compliance, legality or
decency of material contained in or accessed through the Site. YOU ACKNOWLEDGE
THAT THE SERVICES, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE
EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU. DataRecoveryComparison.com MAKES NO WARRANTY THAT THE SITE WILL MEET
YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE; NOR DOES DataRecoveryComparison.com MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES PROVIDED
BY DataRecoveryComparison.com. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18
USC 2701-2711): DataRecoveryComparison.com MAKES NO GUARANTY OF CONFIDENTIALITY
OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY
WEBSITE LINKED TO THE SITE. DataRecoveryComparison.com will not be liable for
the privacy of e-mail addresses, registration and identification information,
disk space, communications, confidential or trade-secret information, or any
other content stored on equipment, transmitted over networks accessed by the
Site, or otherwise connected with your use of the Services.
DataRecoveryComparison.com IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR
WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE SITE. As a convenience to our
members, we may provide links to resources which are beyond our control. We make
no representations as to the quality, suitability, functionality or legality of
any sites to which we may provide links, and you hereby waive any claim you
might have against DataRecoveryComparison.com with respect to such sites.
7. Limitation of Liability
DataRecoveryComparison.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE
OR THE INABILITY TO USE THE SITE, THE MALFUNCTION OF THE SITE OR SERVICES FOR
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE,
EVEN IF DataRecoveryComparison.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
8. E-Mail Message Storage
DataRecoveryComparison.com assumes no responsibility for the deletion of or
failure to store messages to companies.
9. E-mail Newsletter
If you are a registered user and you have elected to receive our newsletter,
DataRecoveryComparison.com makes no representation or warranty with respect to
the content of any such e-mail newsletter messages or any goods or services
which may be mentioned or linked to within our newsletter, and you agree that
neither DataRecoveryComparison.com nor such third party shall have any liability
with respect thereto.
10. Indemnification
You agree to indemnify and hold each of DataRecoveryComparison.com, its parent
companies, subsidiaries, affiliates, officers, directors and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of your use of Site or Services, the violation
of these Terms of Service by you, or the infringement by you, or any other user
of your member name, of any intellectual property or other right of any person
or entity.
11. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the
laws of the State of New York, without giving effect to its conflict of laws
provisions.
12. Remedies for Breach of these Terms by You
In the event that DataRecoveryComparison.com determines, at its sole discretion,
that you have breached any portion of these Terms of Service, or have otherwise
demonstrated conduct inappropriate for the community of Site,
DataRecoveryComparison.com reserves the right to (i) warn you via e-mail that
you have violated these Terms of Service, (ii) delete any content provided by
you or your agent(s) to Site, (iii) delete all content provided by you to Site,
(iv) discontinue your registration with Site and/or any other
DataRecoveryComparison.com community, (v) notify and/or send content to and/or
fully cooperate with the proper law enforcement authorities for further action,
and/or (vi) take any other action which DataRecoveryComparison.com deems to be
appropriate.
13. Termination
DataRecoveryComparison.com reserves the right, at its sole discretion, to
immediately, without notice to suspend or terminate (i) these Terms of Service
or (ii) your registration with or ability to access Site and/or any other
service provided to you by DataRecoveryComparison.com including any e-mail
account upon any breach by you of the Terms of Service.
14. Miscellaneous
In the event that any provision of the Terms of Service conflicts with the law
under which the Terms of Service are to be construed or if any such provisions
are held invalid by a court with jurisdiction over the parties to the Terms of
Service, such provision will be deemed to be restated to reflect as nearly as
possible the original intentions of the parties in accordance with applicable
law, and the remainder of these Terms of Service will remain in full force and
effect.
The failure of either party to insist upon or enforce strict performance by the
other party of any provision of the Terms of Service or to exercise any right
under the Terms of Service will not be construed as a waiver or relinquishment
to any extent of such party's right to assert or rely upon any such provision or
right in that or any other instance, rather, the same will be and remain in full
force and effect.
DataRecoveryComparison.com may assign its rights and obligations under these
Terms of Service and upon such assignment DataRecoveryComparison.com may be
relieved of any further obligation hereunder.
These Terms of Service and any additional terms (as such terms shall be
identified when posted on Site by DataRecoveryComparison.com) constitute the
entire understanding between the parties as to subject matter hereof, and
supersede all prior agreements and understandings. DataRecoveryComparison.com
reserves the right to charge fees, surcharges and/or membership fees at any
time.
BY USING THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS
OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Service
govern your use of Site and all services provided in connection with Site,
including but not limited to any e-mail accounts provided to you by
DataRecoveryComparison.com. DataRecoveryComparison.com shall not be liable to
you for any breach of these Terms of Service. If you do not agree to these Terms
of Service, please do not register for, use or enter Site.