1. Authorization The client authorizes CW Data Recovery of Maine or its designee to conduct an evaluation of the media sent to determine the nature of the damage and provide an estimate of recovery cost and timing. The evaluation is free and no work beyond this evaluation will be charged without explicit client approval. The client authorizes CW Data Recovery of Maine, its employees, independent contractors, and agents, to receive and transport this media/equipment/data to, from and between their facilities. The client hereby represents, warrants, and affirms that he, she, or it is the owner or the authorized representative of the owner of the property and all of the information and data stored on said property.
2. Failure to claim property o any property left with CW Data Recovery of Maine unclaimed for 60 days will be disposed. At which time, CW Data Recovery of Maine shall have no liability to the client or any third party.
3. Limited Liability CW Data Recovery of Maine shall not be liable as a result of this agreement or the performance of any data recovery services or evaluation of the possibility of providing data recovery services, for any claims regarding the physical functioning of equipment OR media or the condition or existence of data on storage media supplied before, during or after service. THE CLIENT UNDERSTANDS THAT DATA RECOVERY CANNOT BE GUARANTEED AND IS NOT PROMISED OR GUARANTEED. SOME DATA CANNOT BE RECOVERED. IN NO EVENT WILL CW Data Recovery OR ANY CONTRACTOR, EMPLOYEE, OR AGENT OF CW Data Recovery BE LIABLE FOR ANY LOSS OF DATA OR LOSS OF REVENUE OR PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICE PROVIDED BY CW Data Recovery OR ITS AGENTS, CONTRACTORS, OR EMPLOYEES -- EVEN IF CW Data Recovery HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS TO PERSONS OR PROPERTY. CW Data Recovery of Maine liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services. Client and CW Data Recovery of Maine agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at CW Data Recovery of Maine option, either (a) additional attempts by CW Data Recovery of Maine to recover satisfactory data or (b) a refund of the amount paid by the client. The parties acknowledge that the price of data recovery services