Device Rescue Terms of Service

Updated on: 10/04/2023

1. Introduction

Welcome to Device Rescue. This document outlines the terms and conditions ("Terms") under which you may use our services ("Services"). Please read them carefully. By using or accessing our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.

2. Services

Device Rescue provides device retrieval and subscription services. These Services may change or be updated from time to time at Device Rescue's discretion.

3. Acceptance of Terms

Your use of the Services signifies your acceptance of these Terms. If you do not agree with any of these Terms, please refrain from using our Services.

4. Payment & No Refunds

a. All charges and fees associated with our Services are payable upfront and are non-refundable, regardless of the result of the service provided.

b. Subscription services will auto-renew unless canceled by the user.

5. User Responsibilities

Users are responsible for ensuring that the information they provide is accurate, and they agree not to use the Services for any unlawful purpose.

6. Arbitration Agreement

a. Binding Arbitration. Should any dispute arise between you and Device Rescue, both parties agree to resolve such disputes through binding arbitration rather than in court.

b. Location. Arbitrations will be conducted in Kootenai County, Idaho, unless both parties agree otherwise.

c. Arbitrator's Decision. The arbitrator's decision is final and binding.

7. Limitation of Liability

Device Rescue shall not be held liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, data, or goodwill. Our total liability under any provision of these Terms shall not exceed the amount of fees paid by you during the three months preceding the event giving rise to the liability.

8. Service Termination

We reserve the right to suspend or terminate your access to our Services for any reason, including but not limited to breaches of our Terms, to prevent harm to other parties, or to preserve 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. We will endeavor to provide notice of any significant changes through the Services or through other reasonable means.

11. User Content

You are solely responsible for any data, text, images, or content you upload or post to our Services. By posting content, you grant Device Rescue a non-exclusive, royalty-free, and worldwide license to use, host, store, and reproduce your content solely for the purpose of providing the Services.

12. Data Privacy

Any personal information provided to Device Rescue will be treated in accordance with our Privacy Policy, which is hereby incorporated by reference.

13. Disclaimer

The Services are provided on an "as is" and "as available" basis. Device Rescue makes no warranties, expressed or implied, and hereby disclaims any warranties of merchantability, non-infringement, or 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 all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Services.

15. Entire Agreement

These Terms, along with any additional terms or policies incorporated herein by reference, represent the entire understanding between you and Device Rescue regarding the Services and supersede all previous communications, representations, or understandings.