Terms of Service
1. Introduction
Welcome to Device Rescue. These Terms of Service ("Terms") govern your use of our services ("Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you must not use our Services.
2. Services
Device Rescue offers device retrieval and subscription services. We reserve the right to update or modify our Services at any time at our discretion.
3. Acceptance of Terms
By using our Services, you confirm your acceptance of these Terms. If you do not agree, please discontinue use immediately.
4. Payment & No Refunds
- All fees for our Services must be paid upfront and are non-refundable, regardless of service outcomes.
- Subscription services will auto-renew unless canceled by the user before the renewal date.
- Net Terms: Some businesses may qualify for net terms based on their creditworthiness and payment history. Approval is subject to Device Rescue's sole discretion.
5. User Responsibilities
Users must ensure that all information provided is accurate and agree not to use the Services for any unlawful activities.
6. Arbitration Agreement
- Binding Arbitration: Any disputes between you and Device Rescue will be resolved through binding arbitration rather than in court.
- Location: Arbitration will take place in Kootenai County, Idaho, unless both parties agree otherwise.
- Final Decision: The arbitrator’s decision is final and binding.
7. Limitation of Liability
Device Rescue shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or goodwill. Our total liability will not exceed the amount of fees paid by you in the three months preceding the event giving rise to the liability.
8. Service Termination
We may suspend or terminate your access to the Services for any reason, including violations of these Terms, to prevent harm to others, or to protect our legal rights.
9. Governing Law
These Terms are governed by the laws of the State of Idaho.
10. Amendments
Device Rescue reserves the right to modify these Terms at any time. We will make reasonable efforts to notify users of significant changes.
11. User Content
Users are responsible for any data, text, images, or content uploaded to our Services. By posting content, you grant Device Rescue a non-exclusive, royalty-free, worldwide license to use, host, store, and reproduce your content as necessary to provide the Services.
12. Data Privacy
Personal information provided to Device Rescue is handled per our Privacy Policy, which is incorporated into these Terms by reference.
13. Disclaimer
The Services are provided "as is" and "as available." Device Rescue disclaims all warranties, including but not limited to implied warranties of merchantability, non-infringement, and fitness for a particular purpose.
14. Indemnification
You agree to indemnify and hold harmless Device Rescue, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney’s fees) resulting from a third-party claim arising from your use of the Services.
15. Entire Agreement
These Terms, along with any policies incorporated by reference, constitute the entire agreement between you and Device Rescue regarding the Services, superseding all prior agreements or communications.