THIS IS A LEGAL AND BINDING SOFTWARE USAGE AGREEMENT ("AGREEMENT") WHICH GOVERNS YOUR USE OF THE WEBSITE. BY COMPLETING THE ORDER PROCESS AND CLICKING ON THE "BUY NOW" BUTTON, YOU ARE CONSENTING TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL ORDER" BUTTON, IN WHICH CASE THE ORDER PROCESS WILL BE TERMINATED. BINARYBIZ MAY AMEND THIS AGREEMENT FROM TIME TO TIME. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF THESE TERMS CHANGE IN SOME WAY YOU FIND UNACCEPTABLE, YOU SHOULD DISCONTINUE YOUR USE OF THE WEBSITE.
WARRANTY-NONE:
THIS PRODUCT/SERVICE IS SOLD AS IS WITHOUT WARRANTY, EXPRESSED OF IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY/FITNESS FOR A PARTICULAR PURPOSE.
DISCLAIMER
You acknowledge that you have data which is lost or otherwise inaccessible to you on a storage device of some medium, and, that said data is not otherwise retrievable unless you use the BinaryBiz data recovery software, and, that said data is in some unknown state or condition at the time of the use of the BinaryBiz data recovery software. You further acknowledge and agree that to 'Recover data' is the process where files that are in an unknown condition, are either lost or deleted or in an existing unknown state and that the process by which you will use the BinaryBiz data recovery software incorporates the strategy of locating data files on your storage medium, and, that the process of saving the files from your storage medium is the process hereby described to 'Recover data' (hereinafter referred to as 'recover', 'recovery', recovering', and 'data'). You're aware that the process of recovering the data you may cause further damage to your storage medium and data files, and, you acknowledge and agree that you have the option of seeking the advice, consultation and services of a 'hands on' data recovery service company if the risk of the loss of the data, storage medium or cost of the BinaryBiz data recovery as a self service tool is a burden to you. Furtner, you warrant and represent that by the use of the BinaryBiz products you are competent and capable to use the tools, and further represent to BinaryBiz that you are competent and well versed in the use of such tools, and that you are in advance aware that the recovery tools you are purchasing are self service and that BinaryBiz makes no representation or offer of 'hands on' service or other personal service above and beyond the offer herein described. BinaryBiz makes no claims as to the usability of the recovered data or the amount of data recovered, and you hereby acknowledge that the fee you pay to use the BinaryBiz product(s), Website and service(s) are is "AS-IS", and that you may not recover any usable data at all, you further agree that any and all fee(s) you pay to BinaryBiz for the use of the Services, Website and any other fees are non refundable ("All Sales Final"). If you are unwilling to accept these terms and these risks, do not continue your order, and do not purchase the product.
Terms and Conditions
This is a legal agreement between you and us. If you have questions about this document we suggest you seek the advice of an attorney. This agreement is a legal contract and you should not continue with the purchase or use of any of our products if you have questions, hesitation or doubt as to your ability to comply with the terms of this agrerement. Using or ordering our products indicates your acceptance of the following terms and conditions, which include, without limitation, our all sales final policy.
BinaryBiz is an Internet service (the Service) owned and operated by BinaryBiz . "You" or "your" means an adult user of the Service for itself and you as parent or guardian for any minor which you allow to access the Service, for whom you will be held strictly responsible. Your use of the Service indicates that you are bound by this agreement with us. If you don't agree with any of these terms and conditions, don't use the Service. We may alter this agreement at our discretion and your continued use after any change indicates your acceptance of that change. If you don't want to be bound by a change, discontinue use of the Service. You agree that all support and other contact is done via this website only.
The user acknowledges, covenants and agrees with BinaryBiz, its affiliated and related companies, and their staff, directors and agents (collectively "BinaryBiz") that in respect of VirtualLab and Quota (the "Service") that BinaryBiz makes no warranty or condition of any kind, either express or implied, statutory or otherwise, with respect to the Service including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose and that the user assumes the entire risk as to the use and performance of the Service. In no event shall BinaryBiz be liable to the user or any other person for any direct, indirect, special, consequential or incidental damages (including without limitation, damages for loss of revenues or profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the Service, including any viruses or other problems of any nature or kind whatsoever, all of which such risks the user voluntarily assumes. BinaryBiz reserves the right to limit and contain excessive trial usage of the Service, the definition of which is at the sole discretion of BinaryBiz. The maximum liability of BinaryBiz is the fee you paid for the service.
Description of Service:
VirtualLab is quota based, self-service data retrieval and restoration used to recover and save lost or deleted data. Evidence of successful use of Service is the consumption and use of quota, activation of your product, support and customer service usage, and others.
Definitions:
All instances of the letters 'GB' and 'Gb' shall be construed to mean 1,000,000 bytes.
Terms of Service:
ACTIVATION OF HOME AND UNLEASHED / VERSIONS
All activation number based putchases allow you to use the amount of 'recovery credits' (in GB or MB units) at any time and on any usable operating system. You may use your activation number on any number of compatable computer systems until as long as your activation number is valid and you have remaining recovery credits.
Unleashed Versions require an annual renewal, at a price agreed to at the time of the sale. Additional restrictions of the UNLEASHED version include single instances of file saving.
ACTIVATION / MACINTOSH VERSIONS (OS 9 CLASSIC VERSION)
The minimum fee to use VirtualLab Mac is $119.95 per gig. Quota is not available for VirtualLab Mac in less than 1gig, and must be purchased in 1gig increments. You will be reminded to renew your license prior to it's expiration. Macintosh VirtualLab users are required to consume there quota within 30 days of purchase or it will expire. Mac quota is not transferrable or renewable, nor are subscription options available. The Windows version of VirtualLab offers a Mac recovery module, if you want non-expiring quota or a subscription, then perhaps you should consider the Windows version of VirtualLab.
SUSPENSION, CANCELLATION AND FRAUD REPORTING
In the event of any dispute, chargeback or sharing of your license your account will be disabled and your license canceled. All fraudulent orders, chargebacks and suspended/canceled accounts will be reported to appropriate reporting agencies. Your completion of your order with us indicates your full consent to these terms.
REFUND POLICY:
We have a NO REFUND policy. ALL SALES FINAL. All software from BinaryBiz has a free trial. It can be downloaded from our web site or sales portal. We encourage all users to try the product before purchasing. BinaryBiz DOES NOT OFFER REFUNDS. The only consideration to the NO REFUNDS policy is in the case of duplicate orders on behalf of the buyer AND the order is placed directly with BinaryBiz. No orders are eligible for refunds placed with third party processors such as 2checkout.com and paypal.com. In such cases an order is eligible for a refund, BinaryBiz in its sole discretion may process a refund. All eligible refunds granted will be subject to a 25% handling fee. Exceptions to this REFUND POLICY ARE: Exemptions based on the NO RISK GUARANTEE. You can easily see if you qualify for a refund, whether full or fee based, by logging in to your account area and requesting a refund.
Lawful Possession of Data:
You represent to BinaryBiz that you are in lawful possession of any data made available to BinaryBiz, and that you have a lawful purpose to use BinaryBiz services.
Limit of Liability:
The maximum liability of BinaryBiz is the fee you paid us to provide you with the service. Not responsible for unused quota. Unused quota has no cash value.
Agreement to Arbitration:
This Agreement is a binding contract between the VirtualLab user and/or the cardholder and BinaryBiz, and cardholder/user hereby waives his rights to dispute payment provided on behalf of Credit Card Company. The parties mutually agree that in the unlikely event of a dispute, it will be handled by Arbitration services provided by Peacemaker Ministries at http://www.hispeace.org. In the event that a statutory legal entity is required, the parties agree to jurisdiction of a competent court located in United States of America.
Severability and Entire Agreement:
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect. This Agreement represents the complete agreement and understanding of the parties with respect to the subject matter herein, and supersedes any other agreement or understanding written or oral. |
