LEGAL
Terms and Conditions
The following terms and conditions (“Terms”) govern your access, use, and receipt of data recovery services (“Services”) which are made available by ATP Data Services LLC, with offices at with offices at 611 Hundred Oaks Drive STE 140, Edmond, OK, 73013, USA, and its affiliated companies (“ATP”, “we”, “us” or “our”). Following receipt of a Services request under these terms ATP will designate the applicable company representatives to perform the Services. By creating an account or using the Services, you represent that you are of legal age and capable of forming a binding contract with ATP. If you are accepting these Terms on behalf of a company or other entity, then you represent that you are an agent of that company or entity, authorized to agree to these Terms on behalf of that company or entity, and in that case, “You” refers to your company or entity. ATP reserves the right to make changes to these Terms at any time.
Use of this Site and Your Account:
By using the ATP website, you are subject to and agree to be bound by the privacy policy found at https://www.atpdataservices.com/site-policy and https://www.atpdataservices.com/legal (“Terms of Use”) each of which are hereby incorporated by reference.
Service Efforts and Process:
Submit Your Device for Services: If “You” are in need of Services, “You” can submit a Services request at our website (https://www.atpdataservices.com/Seagate/), by providing accurate information about “You”, your device, and subject to restrictions sending us your device for Services. We will use reasonable efforts to determine whether any data on your data storage device or media is recoverable using our existing technology and processes (which has limitations - not all lost data can be recovered).
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Cost Estimate: By answering a few questions about your data storage device, “You” will enable us to provide you with a cost estimate, as applicable, for the actual recovery work and Services. Your credit card information (or other ATP approved payment method) will be required to cover fees quoted for the Services in the Cost Estimate. By submitting payment information, “You” agree to pay the applicable fee quoted and authorize us to charge your credit card (or other payment method) for such amount if we are to successfully recover your data.
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Authorization of Recovery: If “You” are confirmed by ATP as eligible, “You” will be provided instructions for submitting your data storage device or media to us along with your information, and upon receipt of your device (per our instructions) we will apply our existing technology and standard processes and use reasonable efforts to recover your data. By submitting your device and information, “You” authorize ATP to apply recovery efforts to your device. In addition, “You” understand and agree that your device, media, and stored data may be sent to any one of our recovery labs around the world in our sole discretion. When applicable, “You” will be the importer of record and will be solely responsible for import fees, taxes and other associated costs.
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Successful Recovery Effort: If we are able to successfully recover data, we will notify “You” using the contact information “You” have provided to us. We reserve the right to hold the release of recovered data to you until “You” have paid the quoted amounts in the Cost Estimate due (including, without limitation, any applicable service fees, material costs, media costs, shipping, and return customs clearance costs).
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Recovered Data: If applicable, we will return your recovered data to “You” on a storage device. ATP reserves the right to select the device type and storage capacity of the device necessary to return all recovered data unless otherwise specified in the Cost Estimate.
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Unsuccessful Recovery Effort: If we are unable to recover any data, we will inform “You” accordingly and “You” will not be charged for the Services (excluding any non-refundable fees communicated to “You” at the time of your Services request). As is required, ATP may contact “You” in the event there is some data recovered (although not enough to deem the Recovery Effort “successful”), ATP may contact “You” and provide “You” with options in such circumstances.
Return of Original Media: ATP shall not return the media/device submitted for Services unless specifically requested in the Cost Estimate. Additional shipping costs may apply.
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Return Shipping: ATP will ship “You” the external storage device with your recovered data, and your original media submitted (if so requested) to the shipping address “You” provide per Incoterms 2020 CPT.
Disposal of Abandoned Device, Original Media or Data after 30 Days: Any device, media, or data left with us (including as undeliverable to the address provided by “You”) after 30 days from the date of initial delivery will be disposed of at our discretion; and “You” release ATP from any and all liability related to the device, media, and data.
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Service Limitations:
We cannot and do not promise any particular results. We will provide reasonable efforts and the application of our existing technology and standard processes. We do not guarantee that any data will be recovered. “You” acknowledge that our attempt to recover the data may result in damage to the device, media, or data, and may even render any data unrecoverable. “You” agree to back up the data on your device before submitting it to us (if possible). “You” agree that ATP will have no liability whatsoever resulting from damage to the original device or data in the performance of the Services.
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Authorization:
“You” are authorizing ATP and its employees, agents, and delegates to conduct testing, evaluation, access, recovery attempts and processing of each data storage device or data storage media that “You” submit to us.
Communications:
All communications relating to your request, will be sent via e-mail to the address “You” provide to us unless “You” request, in writing, to receive such communications via regular mail.
Legal Rights:
“You” represent to ATP that you are of the legal age of majority in your state or country of residence. “You” warrant that you are the legal owner or the authorized representative of the legal owner of the device, media, and data. “You” warrant that that the data on your device is legal and that you have the unrestricted legal right to: (a) send us the device, media, and data; (b) have the data recovered using the Services; (c) receive the recovered data; and (d) agree to these Terms. “You” further warrant that (i) the data stored on the device is not subject to any export control law or requirement that prohibits or prevents the transfer of the data from “You” to ATP, or subject to any restrictions or controls imposed under a military or defense security program (for example, without limiting the forgoing, the U.S. International Traffic in Arms Regulations); and (ii) possession or access of the data does not require ATP to obtain or hold any special or specific security clearance issued by any government, including its agencies or departments (for example, without limiting the forgoing, security clearances issued under the United States National Industrial Security Program). “You” will defend and indemnify us (including our directors, officers, employees, and contractors) from any claims or actions relating to the device, media, or data, your rights or lack of rights thereto, and your breach of the representations and warranties in these Terms.
Confidentiality:
We will use reasonable efforts to protect the confidentiality of your data against unauthorized disclosure using the same degree of care as we use to protect our own confidential information. “You” agree to protect any ATP confidential information received in connection with the Services (such as, pricing, technical, or other business information) as set forth in the Terms of Use.
Your Data:
“Your Data” is all data that you (or your affiliates, agents or authorized users) provide to ATP through or in connection with the Services, including text, software, sound, video, images, and Personal Data. The storage, processing, and transmission of Your Data is an essential feature of the Services. You consent to ATP and its contractors, and affiliates, collecting, storing, processing, and transmitting Your Data to perform the Services.
Personal Data:
We agree to treat your Personal Data according to the Privacy Policy referenced above.
When “You” contact us to request the Services, you must provide true, accurate and complete information about yourself as prompted by ATP support or the Service request form, including, without limitation, your name, address, e-mail address, telephone number and credit/debit card information, 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.
When “You” submit your data storage device to us to carry out the Services, “You” acknowledge that such device may contain Personal Data which ATP may have access to while performing the Services. ATP will endeavor to protect and keep confidential such Personal Data while performing the Services.
ATP will typically perform the recovery Services in a recovery lab at the location to which you send your device. As a global company, we may elect to service your device in any of our global recovery labs. To the extent ATP needs to send your device to one of our recovery labs in another country, ATP may transfer any Personal Data which may be stored on your device. To the extent it is required to do so under applicable privacy law, ATP will protect such transfers of Personal Data by using internal contractual arrangements, and to the extent required to do so, implement appropriate safeguards to ensure that any Personal Data contained on your device continues to be protected.
If we are unable to recover Your Data (including Personal Data), then your device and any Personal Data contained therein will be disposed of in accordance with paragraph 9. Disposal of Abandoned Device, Media or Data after 30 Days referenced above, and in accordance with our secure erase policy. To the extent a third-party vendor is engaged to dispose of your unrecoverable device, such vendor will delete/erase the Personal Data contained on your device securely, and at all times acting on behalf of ATP.
Security:
ATP has adopted a written security policy that includes administrative, technical, and physical safeguards that are intended to protect Your Data from unauthorized access and use, and will use reasonable measures to protect the security, integrity, and availability of the Services; however, any connection to the Internet or shipping the device through third parties provides the opportunity for unauthorized third parties to circumvent any precautions and gain access to Your Data. ATP cannot and does not guarantee the privacy, security, or authenticity of any information transmitted over or stored on the Services. Unless authorized by ATP, “You” shall encrypt any of Your Data that is subject to specific legal requirements or safeguards regarding security or privacy before transferring it to or using it with the Services.
Disclaimer of Warranties, Representations and Guarantees:
We perform this Service “as is” with all faults, at your sole risk. We do not extend any express warranties, representations, conditions or guarantees regarding our services or their results, and 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.
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Limitation of Liability:
We will not be liable for any harm caused, unless you prove that we caused damages 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; any loss of revenue, loss of profits, or any indirect, special, incidental, or consequential damages however caused. “You” agree that the Services are provided on a commercially reasonable efforts basis using available technology at ATP professional discretion, and ATP will not be responsible for costs incurred for third party data recovery efforts. To the maximum extent permitted by applicable law, this disclaimer shall apply to any and all damages, regardless on 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 ATP caused damages to you intentionally.
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Liability Cap:
To the maximum extent permitted by applicable law, the amount of our liability will not exceed the total price you actually pay us for the Services. The essential purpose of this limitation is to limit our liability for performing the Services; this allocation of risk is reflected in our pricing for the Service. This paragraph will apply notwithstanding any other provisions in these Terms, or the failure of any remedy.
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Exclusive Remedy:
Your exclusive remedy for unsatisfactory work or data will be, at our option, additional attempts by us to recover satisfactory data or refund of the amount paid by “You” minus any non-refundable fees. “You” acknowledge that the price of our Services would be much greater if we undertook more extensive liability.
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Exclusions:
Some laws and countries do not allow the exclusion of implied warranties, or disclaimers or limitations of liability for incidental or consequential damages or willful misconduct or gross negligence; the limitations of liability and disclaimers in these Terms will apply only to the extent permitted by applicable law.
Terms of Payment:
Any payment shall be made by credit/debit card or some other pre-arranged method of payment acceptable to us. Where payment is made by credit/debit card, such payment is subject to the approval of the financial institution issuing the credit/debit card, and we shall not be liable in any way if such financial institution refuses to accept or honor the credit/debit card for any reason.
Sale and Other Taxes:
We will withhold all taxes where we are required to do so by law. “You” will be responsible for all other applicable taxes not collected by us.
Compliance with Laws:
“You” agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this site, including without limitation this site’s membership, purchase or return features. ATP may, in ATP’s sole discretion, report actual or perceived violations to law enforcement or appropriate authorities. If ATP becomes aware, through a complaint or otherwise, of any potential or suspected violation of these Terms or the terms and conditions of the site, ATP may (but is not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation ATP may suspend Services to you if you are implicated and/or remove any material from ATP’s servers. “You” agree to cooperate fully with any such investigation. “You” acknowledge that violations of these Terms or the terms and conditions of the site could be subject to criminal or civil penalties. “You” may not assign your rights or obligations under these Terms without ATP’s express written consent.
International Trade Compliance:
The goods licensed or sold, or services provided, through this site, which may include technology and software, may be subject to the customs and export control laws and regulations of the U.S. and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured or received. Under U.S. law, such goods or services may not be transferred to: (a) destinations subject to comprehensive embargoes (including the Crimea and other occupied territories of Ukraine, Russia, Cuba, Iran, North Korea, and Syria), (b) restricted end-users (as identified on U.S. Consolidated Screening List available at https://www.trade.gov/consolidated-screening-list) or (c) restricted end-uses (as identified in 15 CFR Part 744). You acknowledge you are not located in an embargoed destination, and not a restricted end-user or involved in any of the restricted end-uses, and that you will comply with and abide by these laws and regulations. ATP reserves the right to refuse service to or the return of any storage devices that have been determined to violate these regulations.
Geographic Service Limitation:
The Services are not available in all countries. ATP is unable to provide the Services to customers in the following countries: restricted or embargoed countries stated in the International Trade Compliance section, and additional countries that ATP may specify from time to time. You may request additional information from the ATP representative assisting with your submission.
Dispute Resolution:
The parties will attempt to resolve any dispute related to the Services through good faith negotiation. If the parties are unable to resolve the dispute through good faith negotiation, then the dispute will be submitted to final and binding arbitration with the arbitration facility identified below for the applicable territory; facilities are listed in order of descending precedence should any dispute involve more than one territory: (a) American Arbitration Association (www.adr.org) facility in San Jose, California, for disputes arising out of the Americas; (b) International Arbitration Center in Amsterdam, The Netherlands for disputes arising out of EMEA; and (c) Singapore International Arbitration Centre in Singapore for disputes arising out of APAC. Each party will bear their own costs in arbitration. The arbitration will be administered pursuant to the arbitrator’s commercial arbitration rules (except where applicable mandatory law dictates that consumer arbitration rules shall apply) as modified by these arbitration provisions. If there is a conflict between the arbitrator’s rules and the arbitration provisions in these Terms, the conflicting term in these Terms will control. Both parties waive their rights to a jury trial and to collective relief. All proceedings will take place in the venue set forth in the table below.
Severability:
If any provision of these terms and conditions is held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not be affected thereby.
Legal Effect:
These terms and conditions describe certain legal rights. “You” may have other rights under applicable law. These terms and conditions do not change your rights under applicable law if such laws do not permit these terms and conditions to do so.