Professional Hard Drive Data Recovery Services

Customer engages Ji2, Inc. (“Ji2”) and/or its suppliers 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.

Ji2 will use any Customer information contained in the data, media and/or equipment provided to Ji2 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 Ji2 shall employ reasonable measures to prevent the unauthorized use of such information, which measures shall not be less than those measures employed by Ji2 in protecting its own confidential information. Ji2 will not disclose confidential information except to employees or consultants reasonably requiring such information (and who have secrecy obligations to Ji2) and not to any other party.

Customer agrees to pay Ji2 all sums authorized from time to time by Customer, which will typically include charges for Ji2 services, shipping, insurance and certain media. Unless otherwise agreed to in advance by Ji2, all such sums are due and payable in advance, by company check, bank money order, or credit card.

Any consent required of either party will be effective if provided in a commercially reasonably manner, which includes without limitation, verbal authorization if followed by written confirmation by Ji2 at the earliest possible opportunity, and/or facsimile.

Customer acknowledges that the equipment/data/media may be damaged prior to Ji2 receipt, and Customer further acknowledges that the efforts of Ji2 to complete the Engagement may result in the destruction of or further damage to the equipment/data/media. Ji2 regrets that it will not assume responsibility for additional damage that may occur to the Customer's equipment/data/media during Ji2 efforts to complete the Engagement. Customer acknowledges and agrees that the provision of the services by Ji2 may not result in the complete recovery of the photos.

NO WARRANTIES; DISCLAIMER OF ALL WARRANTIES

Ji2, MAKES AND CUSTOMER RECEIVES NO WARRANTIES OR CONDITIONS FOR ANY GOOD OR SERVICE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH CUSTOMER, AND Ji2 SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE.

In no event will Ji2 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 Ji2 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 Ji2 to Customer under this Agreement shall in no event exceed the total sums paid by Customer to Ji2.

Customer warrants to Ji2 that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to Ji2, 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 Ji2 harmless against any damages or expenses that may occur (including reasonable attorneys’ fees), and pay any cost, damages, or attorneys’ fees awarded against Ji2 resulting from Customer’s breach of this section.

The parties agree that the laws of the state of California shall govern this Agreement and agree to venue in Orange County, CA; provided, however, that if any provision of this Agreement is in violation of any applicable law, such provision shall to such extent be deemed null and void, and the remainder of the Agreement shall remain in full force and effect. Except for the obligation to make payments, nonperformance of either party shall be excused to the extent performance is rendered impossible due to causes beyond such party's reasonable control. This Agreement, together with any exhibits or other attachments provided by Ji2, constitutes the entire Agreement between the parties in relation to this subject matter and supersedes all other terms including any Customer purchase order terms.