Seagate Enterprise NAS HDD +SRS Product Manual, Rev. B
14
2.13
Seagate
®
Rescue
™
Data Recovery Service –
3-year coverage (concurrent with bare drive warranty)
If you suffer a data loss event within the three year 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:
http://www.seagate.com/contacts/contact-numbers/.
http://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
. W
E 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.
