Seagate NAS HDD +SRS Product Manual, Rev. C
16
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.
