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Terms and Conditions

The Engagement
Customer engages Core Data Solutions Inc. to: inspect, evaluate, and identify the problem (if not already identified); and/or retrieve, or minimize the damage to, the equipment/data/media; and/or provide other services as may be requested by Customer from time to time.

Confidentiality
Core Data Solutions will use any Customer information contained in the data, media and/or equipment provided to Core Data Solutions by Customer only for the purpose of fulfilling the Engagement, and will otherwise hold such Customer information in the strictest confidence. Any confidential information disclosed by Customer under this Agreement will remain Customer's sole property, and Core Data Solutions shall employ reasonable measures to prevent the unauthorized use of such information, which measures shall not be less than those measures employed by Core Data Solutions in protecting its own confidential information. Core Data Solutions will not disclose confidential information except to employees or consultants reasonably requiring such information (and who have secrecy obligations to Core Data Solutions) and not to any other party. Core Data Solutions will employ appropriate technical and organizational measures to safeguard Customer personal data and will act only on the instruction of the Customer with respect to Customer data. Customer hereby agrees to the transfer of Customer data to Core Data Solutions as needed for the sole purpose of performing the Engagement.

Consent
Any consent required of either party will be effective if provided in a commercially reasonable manner, which includes without limitation, verbal authorization if followed by written confirmation by Core Data Solutions at the earliest possible opportunity, and/or facsimile.

Acknowledgment of Existing Conditions
Customer acknowledges that the equipment/data/media may be damaged prior to Core Data Solutions receipt, and Customer further acknowledges that the efforts of Core Data Solutions to complete the Engagement may result in the destruction of or further damage to the equipment/data/media. Core Data Solutions will not be liable for additional damage that may occur to the Customer's equipment/data/media during Core Data Solutions efforts to complete the Engagement. Customer acknowledges and agrees that the provision of the services by Core Data Solutions may not result in the complete recovery of the data.

NO WARRANTIES; DISCLAIMER OF ALL WARRANTIES
CORE DATA SOLUTIONS, MAKES AND CUSTOMER RECEIVES NO WARRANTIES OR CONDITIONS FOR ANY GOOD OR SERVICE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH CUSTOMER, AND CORE DATA SOLUTIONS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE.

Limitation of Liability; Limitation of Damages
In no event will Core Data Solutions be liable for any damages whatsoever, including without limitation damages for loss or damage occurring in transit, loss of data, loss of business profits, business interruption, or other pecuniary loss, or incidental, consequential or indirect damages arising from the Engagement, even if Core Data Solutions or an authorized representative has been advised of the possibility of such damages. Customer acknowledges that the estimated and actual fees and charges reflect this limitation of liability and allocation of risk. The parties agree the total liability of Core Data Solutions to Customer under this Agreement shall in no event exceed the total sums paid by Customer to Core Data Solutions.

Customer's Representation and Indemnification
Customer warrants to Core Data Solutions that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to Core Data Solutions, and that its collection, possession, processing and transfer of such equipment/data/media is in compliance with data protection laws to which Customer is subject; and Customer will defend, at its expense, indemnify, and hold Core Data Solutions harmless against any damages or expenses that may occur (including reasonable legal costs), and pay any cost, damages, or legal costs awarded against Core Data Solutions resulting from Customer's breach of this section.

Authorize Evaluation Process and Recovery Service
By signing below you authorize Core Data Solutions Inc. to immediately proceed with the evaluation and charge the diagnosis fee set forth above. You also agree that this evaluation and any future data recovery requests will be performed per the terms of the "Terms and Conditions" document.