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2.18
Seagate® Rescue
Data Recovery Service
If you suffer a data loss event within the Seagate Rescue Data Recovery warranty period, and you are eligible to participate in
and submit a case under the Rescue program, contact SRS at (1-800-723-1183) in the US, or if you are calling from outside the
US please visit our website for numbers in your local and language:
www.seagate.com/contacts/contact-numbers/.
In addition, you may visit
rescueandreplace.seagate.com/contact.jsp
to obtain information regarding how to contact a
recovery expert online or by telephone from your location. An SRS representative will review your case to confirm your
eligibility, and to assess whether your data may be recoverable by remote recovery services or whether you will need to send
your device to SRS for in-lab servicing.
Rescue™ General Terms
These Rescue ™ General Terms together with the Rescue ™ FAQ's make up the Rescue ™ Program Terms. By submitting a case
under the Rescue ™ program ("Program") you agree to be bound by the Program Terms, including these General Terms and
the FAQ. You must be a legal resident of the US to participate in the Program.
Communications. All communications relating to your request will be available on our web site in your account and sent via
e-mail to the address you provide to us unless you request, in writing, to receive such communications via regular mail.
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, and telephone number, as applicable (collectively,
"Personal Data"). You must maintain and promptly update your 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 your failure to maintain accurate Personal Data.
Capacity; Legal Rights; Indemnity. You represent to SRS that you are of the legal age of majority in your state or country of
residence, with the full capacity to agree to these Program Terms. You warrant that you are the legal owner or the authorized
representative of the legal owner of the device you submit to SRS (the "Device") and data. You warrant that the data on the
Device is legal and that you have the unrestricted legal right to (a) give us remote access to the data, (b) have the data
recovered and reproduced on a backup medium, (c) receive the recovered data, and (d) agree to these Program Terms. You
will defend and indemnify us (including our directors, officers, employees, agents, delegates, and contractors) from any claims
or actions relating to the Device 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 PROVIDE THE PROGRAM AND ANY SERVICES
PROVIDED OR ATTEMPTED HEREUNDER "AS IS," WITH ALL FAULTS, AT YOUR SOLE RISK. WE DO NOT EXTEND ANY
EXPRESS WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES REGARDING OUR RESCUE SERVICES OR
ANY RESULTS THEREOF. 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 WITH RESPECT TO THIS PROGRAM AND
SERVICES. This Program and Disclaimer is unrelated to, and does not affect any warranties relating to your Device that we or
the seller may have extended to you.
Limitation of Liability. WE WILL NOT BE LIABLE FOR ANY HARM CAUSED, UNLESS YOU PROVE THAT WE CAUSED SUCH
HARM 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 (IF ANY), ANY LOSS OF
REVENUE OR LOSS OF PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES HOWEVER
CAUSED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITATION SHALL APPLY TO ANY AND
ALL DAMAGES, REGARDLESS OF 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 SRS CAUSED DAMAGES TO YOU
INTENTIONALLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AMOUNT OF OUR LIABILITY WILL
NOT EXCEED THE TOTAL PRICE YOU ACTUALLY PAY FOR THE DEVICE, THE ESSENTIAL PURPOSE OF WHICH IS TO LIMIT
OUR LIABILITY ARISING FROM OR RELATED TO THE PROGRAM AND ANY DATA RECOVERY SERVICES. THIS
ALLOCATION OF RISK IS REFLECTED IN THE PRICE CHARGED FOR THIS PROGRAM OR SERVICES, IF ANY. YOU
ACKNOWLEDGE THAT THE PRICE OF THIS PROGRAM WOULD BE MUCH GREATER IF WE UNDERTOOK MORE EXTENSIVE
LIABILITY. THIS PARAGRAPH WILL APPLY NOTWITHSTANDING ANY OTHER PROVISIONS IN THESE TERMS, OR THE
FAILURE OF ANY REMEDY.
Seagate SkyHawk Product Manual, Rev. H
20
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