Below you will find our Terms and Conditions of Use. Please review the Terms carefully as they describe the services we will provide to you, how we will work together, and other aspects of our business relationship. We have written it in such a way that is readable and makes sense to you. For reference purposes the words: "User", “You”, “Your” and “Client” refers to you, the person accessing this website and accepting the Company’s terms and conditions, and "The Company", “Ourselves”, “We”, “Our” and "Us", refers to our Company.
Feel free to contact us at ((800) 659-3012 with any questions or concerns you may have.
TERMS AND CONDITIONS OF USE
Agreement. By using our services and accessing our website you agree to the Site's Terms and Conditions. This Site is available only to individuals who can enter into legally binding contracts under applicable law. These Terms and Conditions of Use constitute a legally binding agreement between you and the Company regarding your use and access to the Site. This site is governed by and operated in accordance with Ohio law.
Company reserves the right, in its sole discretion, to revise, modify, alter or otherwise update this Agreement, or to change or delete any features of this Web Site, at any time, with or without prior notice to you. Your use of the Site signifies your acceptance of all the terms and conditions contained within the Terms at the time of your use. You will be responsible for regularly reviewing the Terms posted to the Site. Company will not be held liable for your failure to review updated terms or for any outdated or inaccurate content posted on the site. IF YOU DO NOT AGREE WITH ANY OF THE MODIFIED, ALTERED OR UPDATED TERMS, THEN YOU SHOULD NOT USE THIS WEB SITE AFTER SUCH MODIFICATIONS, ALTERATIONS OR UPDATES HAVE BEEN POSTED.
Proprietary Rights. All content on this Web Site, including, but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips, and video clips, is the property of Company or its subsidiaries and related entities, and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. You recognize that any reproduction or use of content, copyrights, trademarks, service marks, or other intellectual property on this Web Site, except as authorized by this Agreement, is considered intentional Infringement.
User’s Obligations. User warrants to abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Site. User also warrants that he/she will not impersonate any other person or entity, whether actual or fictitious, when using the Site, or defame or otherwise harm any party through your use of the Site.
User is specifically prohibited from taking any action that interferes with, disrupts, disables or damages (or attempts these actions), the use or operation of this Web Site, its affiliated entities', equipment or applications, or service to any user, host, or network, including by use of any programs, scripts, commands, viruses, worms, web bugs, harmful code, Trojan horses, other contaminants, or otherwise. This includes "flooding" of networks, deliberate attempts to overload a service or to burden excessively a service's resources or the Web Site's infrastructure or resources, attempts to circumvent or subvert system or network security mechanisms, or probe the security of any system, network, or account, associated with this Web Site.
About our Services. Data Recoup is a provider of computer forensics, eDiscovery, digital evidence, computer security services, social media review, network forensics services, and data recovery. Our goal is to devise a plan to resolve your issues and concerns thoroughly and efficiently utilizing these services.
Depending on the nature of your request and particular circumstances, Company can perform a number of services geared towards achieving your desired outcome. A brief synopsis of our services is provided below but this list is not meant to be exhaustive and any questions can be resolved by searching the website content.
- e-Discovery/ Litigation support: Company will assist in your legal matters involving electronically stored information (ESI) as our team of technicians and engineers have the experience and expertise to draft precise, thorough and compelling Forensic Reports. These Reports will ultimately help with your case objectives, whether you end up settling or going to court.
- Digital Forensics: Company is engaged in the scientific process of collecting data from a digital device for evaluation of the digital components contained therein and ensuring that the information will stand up in court.
- Data Recovery: Data Recovery is the process of extracting, recovering, and salvaging, lost or inaccessible data and digital information from failed or deleted devices.
Scope of Our Services. A brief summary of the services Company provides is described in the preceding section entitled “about our services” and also within the website content.
While Company provides expert testimony and provides services within the context of litigation, Company is not a law firm and does not practice law. For legal questions, concerns or advice please consult your counsel. No information provided by Company should be construed as legal advice.
Further, Company is not a private investigation (PI) agency and does not perform any private investigation services. However, some users may come across our website when searching for private investigators. In that event, our Company may be able to resolve your issue through our digital forensics, e-Discovery, data recovery services, or social media review. If we are unable to resolve your issue completely utilizing our services such that a field investigator is required to conduct further inquiries into your matter, Company can help Clients find, communicate with, and retain a third party licensed private investigator utilizing our network of Private investigators throughout the U.S. To be clear, our Company does not deviate from our expertise or delve into matters that are beyond our expertise. Clients that request or are in need of private investigation services are not obligated to use or engage the PI referred to them by Company.
Our referral investigators are licensed in their state and selected by our team, but we cannot guarantee the suitability, work quality, or professional ability of a third party investigator. It is therefore your responsibility to determine if the investigator with whom you have been matched will meet your needs and expectations. Company shall be indemnified of any liability for sending a referral of a licensed private investigator to you. This includes any actual, potential, or consequential damages that user may incur because of PIs negligence.
No Guarantee of Outcome or Results. User is retaining Company for its level of expertise, dedication, and time devoted towards your particular matter, rather than a particular outcome or result. User understands that Data Recoup will do everything legally within their means to achieve your desired outcome. However, Data Recoup does not make any representations regarding our ability to achieve your desired outcome and cannot guarantee what may or may not be retrieved on your digital devices because every case is inherently unique and it is impossible to foresee all potential impediments during the rendering of services.
Complaint Resolution Process and Procedure: Company places a high value of importance on customer satisfaction and therefore treats every complaint with a commensurate degree of seriousness. For this reason, Company provides clear channels of communication for User to convey any complaint or dissatisfaction with services rendered, with the goal of seeking a prompt and satisfactory resolution for both parties.
Disclaimer as to Legal advice and Accuracy of Information. The information on this Site is for informational purposes only, and is not legal advice or a substitute for legal counsel. The information may or may not reflect the most current legal developments; accordingly, information on the Site is not promised or guaranteed to be correct or complete, and should not be relied upon as such. As legal advice must be tailored to the specific circumstances of each case, nothing provided on the Site should be used as a substitute for advice of competent counsel.
Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the Company and its affiliates from and against all claims arising from or in any way related to your use of the Site, any violation by you of these Terms and Conditions of Use, or any other actions connected with your use of the Site, including but not limited to any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney's fees. Company will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section.
Warranties disclaimed. THE WEBSITE AND COMPANY CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER COMPANY, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "COMPANY PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, including without limitation, any representation or warranty that (i) the site content is complete, accurate, reliable or non-infringing; (ii) access to the site will be uninterrupted, timely, secure, or error free; (iii) the quality of any products, services, information or other material purchased or obtained by you through the site will meet your expectations; or (iv) company content will remain unchanged or accessible on the site. all warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property.
Limitation of liability. USE OF THE INTERNET AND THE SITE IS SOLELY AT YOUR RISK AND IS SUBJECT TO, WITHOUT LIMITATION, ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS. THE COMPANY SHALL NOT BE LIABLE, AND DISCLAIMS AND LIMITS ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER in connection with, as a result of, or arising (i) out of the use of or inability to use the site; (ii) from any interruption in the availability of the site; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the site, or transactions entered into, through or from the site; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on the site; (vii) from any delay or failure of the site arising out of causes beyond company’s control; (viii) out of the use of, reference to, or reliance on, the company content; (ix) or (ix) out of any other matter relating to the site or company content.
Exclusions permitted by law. If there some jurisdictions that do not allow the exclusion or limitation of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages, only the above limitations which are lawful in your jurisdiction will apply to you and company's liability will be limited to the fullest extent permitted by law.
Waiver and Severability. The failure of Company to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
Governing Law. This agreement shall be construed and enforced according to, and governed by, the laws of the State of Ohio, as well as any claim that might arise between Client and Company, without regard to conflict of law provisions.
Client understands that Digital Forensic investigation services will be conducted by Company in the state of Ohio. Company will collect all of the digital evidence from client by electronic means or via client sending a copy of the evidence or the device to Company. Client understands that the evidence will be reviewed in the state of Ohio and not in their local state jurisdiction relative to all laws governing private investigation and licensing rules and regulations.
COMPANY RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.