Data Recovery Terms and Conditions

Authorization

1. The client authorizes Gurus2go, Inc. Corporation ("Gurus2go") or its designee to conduct an evaluation of the media sent to determine the nature of the damage and provide an estimate of recovery cost and timing. The evaluation is free and no work beyond this evaluation will be charged without explicit client approval.
    

2. The client authorizes Gurus2go, its employees, independent contractors, and agents, to receive and transport this media/equipment/data to, from and between their facilities.
    

3. The client hereby represents, warrants, and affirms that he, she, or it is the owner or the authorized representative of the owner of the property and all of the information and data stored on said property. By asking Gurus2go to enter into this agreement with you, as client, you declare, under penalty of perjury and subject to the provisions of 18 U.S.C.A. § 1621 and Utah Code Ann. § 76-8-503, that the foregoing representations are true and correct. You agree to indemnify Gurus2go for any claims against Gurus2go related to this data recovery effort, in the event that your representation that you own the data and other information is incorrect.
    

4. Failure to claim property Any property left with Gurus2go unclaimed for 90 days, will be disposed. At which time, Gurus2go shall have no liability to the client or any third party.
    

5. Limited Liability Gurus2go shall not be liable as a result of this agreement, or the performance of any data recovery services or evaluation of the possibility of providing data recovery services, for any claims regarding the physical functioning of equipment OR media or the condition or existence of data on storage media supplied before, during or after service.
    

6. THE CLIENT UNDERSTANDS THAT DATA RECOVERY CANNOT BE GUARANTEED AND IS NOT PROMISED OR GUARANTEED. SOME DATA CANNOT BE RECOVERED.
    

7. IN NO EVENT WILL GURUS2GO OR ANY CONTRACTOR, EMPLOYEE, OR AGENT OF Gurus2go BE LIABLE FOR ANY LOSS OF DATA OR LOSS OF REVENUE OR PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICE PROVIDED BY Gurus2go OR ITS AGENTS, CONTRACTORS, OR EMPLOYEES -- EVEN IF GURUS2GO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS TO PERSONS OR PROPERTY.
    

8. Gurus2go's liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services.
    

9. Client and Gurus2go agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at Gurus2go's option, either (a) additional attempts by Gurus2go to recover satisfactory data or (b) a refund of the amount paid by the client. The parties acknowledge that the price of Gurus2go's data recovery services would be much greater if Gurus2go undertook more extensive liability or promised additional remedies.
    

10. Client is aware of the inherent risks of injury and property damage involved in data recovery, including without limitation, risks due to destruction or damage to the media or data and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence of Gurus2go, and assumes any and all known risks of injury and property damage that may result.


 

11. Confidentiality Gurus2go agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client equipment except to employees , independent contractors, lawyers, or agents of Gurus2go subject to confidentiality agreements or as required by law.


 

12. Payment Payment is due in full upon completion of successful recovery, prior to release of data (whether shipped, picked up or downloaded), unless by special previous arrangement
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13. The client is financially responsible for all shipping costs, custom duties and taxes to and from Gurus2go.
     

14. We accept VISA, Mastercard, American Express.
     

15. Warranty Gurus2go makes no warranty, express or implied, and Gurus2go disclaims any warranty of any kind, for the services being provided or discussed hereunder.
     

16. Agreement The parties shall submit all disputes relating to this Agreement or to either party's performance hereunder, or any nature whatsoever, to arbitration, including but not limited to tort, contract, statutory, or equitable in accordance with the Rules of the American Arbitration Association, except that any claim in connection with Gurus2go seeking equitable relief in connection with Gurus2go's intellectual property rights may be brought in a court rather than in arbitration. Either party may enforce the award of the arbitrator in a Court of competent jurisdiction. The parties understand that they are waiving their rights to a jury trial as to issues covered by this arbitration agreement. The arbitration shall take place in Dallas, Texas, and the laws of the State of Texas shall apply.


 

17. Pre-Dispute Notice to Gurus2go: In exchange for the valuable services and consideration provided by Gurus2go, the client agrees that at least 60 days before initiating any formal dispute with Gurus2go, including the filing of any demand for arbitration, the client will first submit a sworn, written, and signed declaration to: General Counsel, Gurus2go, Inc., 2704 Pond Wood Drive, Flower Mound, Texas 75022, by both facsimile (972-355-8342) and US Mail, stating the client's name, the problems experienced with Gurus2go's conduct, in detail, an itemization of all losses claimed as a result of Gurus2go's conduct, and all information known to the client concerning any claimed contract breaches or other actionable conduct of Gurus2go. This declaration must state, at the end of the text and above the signature, "I declare under penalty of perjury that the foregoing is true and correct." This declaration will allow Gurus2go's management to review factual information about the alleged dispute so that any issues may be evaluated and resolved, potentially without the need for further proceedings.