Promethean Digital Terms and Conditions (U.S.)

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These Terms & Conditions (T&Cs) govern the services and products provided by Promethean Digital.

1. Promethean Digital will provide the services and products as described and for the charges shown plus any applicable tax.

Promethean Digital understands that your data may be valuable to you. Data loss during digital services provided is always a possibility, and in some cases, data may be unrecoverable or erased during service. For this reason, it is your sole responsibility to back up all existing data from your physical or digital assets prior to remitting them for the services provided. Promethean Digital is not responsible for loss, recovery, or compromise of data, or loss of use of your assets arising out of the services provided by Promethean Digital. You represent that your product does not contain any illegal files or data.

2. If digital services provided requires labor not specified on the Project Authorization, Promethean Digital may seek your approval of a revised estimate. If you do not agree that Promethean Digital may revise the charges, Promethean Digital may return your assets and hold you responsible for any indicated initial fee(s).

3. You acknowledge and agree that Promethean Digital will not provide any warranty for digital services or physical products purchased. All physical products sold are in “as-is” condition, and to the best of Promethean Digital’s ability, product quality will match the associated description for that item as detailed on our website.

4. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROMETHEAN DIGITAL AND ITS AFFILIATES, WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM SERVICES PROVIDED OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, OR CORRUPTION OF DATA; OR ANY COSTS OF RECOVERING OR RESTORING DATA STORED ON YOUR ASSET(S) AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON YOUR ASSET(S). PROMETHEAN DIGITAL SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO (i) PROVIDE DIGITAL SERVICES WITHOUT RISK TO OR LOSS OF DATA, AND (ii) MAINTAIN THE CONFIDENTIALITY OF DATA. IF ANY ASSET(S) SHOULD BE DAMAGED OR LOST WHILE IN PROMETHEAN DIGITAL’S CUSTODY, PROMETHEAN DIGITAL’S LIABILITY WILL BE LIMITED TO THE COST OF REPLACEMENT OF THE AFFECTED ASSET(S). OTHERWISE, PROMETHEAN DIGITAL’S LIABILITY FOR ANY AND ALL DAMAGE SHALL IN NO EVENT EXCEED THE PAYMENTS RECEIVED BY PROMETHEAN DIGITAL FOR SERVICES PROVIDED PURSUANT TO THESE TERMS. THE REMEDIES SET FORTH HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH BY PROMETHEAN DIGITAL UNDER THESE TERMS AND CONDITIONS. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

5. If you have not claimed your assets and paid all charges due within sixty (60) days after being notified by Promethean Digital that your digital services project has been completed, Promethean Digital will consider your digital or physical assets abandoned and may dispose of your assets in accordance with applicable law.

6. If digital services involve transferring information, you represent that you have the legal right to copy the information, and you authorize Promethean Digital to transfer the information and accept such terms on your behalf in performing the services.

7. These T&Cs are governed by the laws of the State of Washington (without giving effect to its conflict of law provisions).

8. These T&Cs are the only ones that govern Promethean Digital’s service of your product.

9. You agree and understand that it is necessary for Promethean Digital to collect, process and use your personal information in order to perform service under these T&Cs. Promethean Digital will protect your information in accordance with Promethean Digital Customer Privacy Policy.