Thank you for your purchase from Direct Data Storage, Inc. (DDS). Please review the following terms and conditions that govern your purchase from us. Please note that by your acceptance of the goods you agree to follow and be bound by these terms and conditions. You accept the goods by keeping them in your possession for more than three days after your receipt of them.

Please note that DDS ships merchandise F.O.B. DDS' headquarters in Falcon, CO.

30 Day Return Policy

We value your business and hope to hear from you whenever you need high quality data storage products or technical assistance. Currently our trained support staff is here to help you 24 hours/day and 7 days/week.

We want you to be completely satisfied with everything you order from DDS, and we therefore provide the following 30-day return policy on all of our products.

If you are not completely satisfied with your order from DDS, you may return it, within 30 days from the date of purchase shown on your original invoice, for a credit or refund, at your option. If you select a credit, the original purchase price (exclusive of any shipping fees) will be made available for your use in purchasing other DDS products. If you select a refund, we reserve the option to deduct a 15% restocking fee from the original purchase price (exclusive of any shipping fees) to cover our costs associated with the return and refund.

To return a product, please complete the RA Number Request Form available upon request from DDS by telephone, fax or mail and follow the instructions in the Packaging Requirements section of this Agreement. Any items shipped to DDS without a Return Authorization Number will not be accepted and you will be responsible for all shipping costs.

Limited Warranty & Replacement Policy

Products sold by DDS might be covered by a manufacturer's warranty, by DDS' limited warranty, by both these or by neither. Please read below for coverage information. In the event you wish to make a claim under either a manufacturer warranty or our limited warranty, some products are eligible for our advanced replacement policy, discussed below.

Manufacturer's Warranty or Warranties

Although DDS is not responsible for any warranties, express or implied, of the manufacturers of products sold by us, we will assist you in enforcing your rights under any applicable manufacturer warranty or warranties. We provide manufacturer warranty information on your invoice, in our catalog and on our website to assist you, when the information is available. While all attempts have been made to ensure the accuracy and reliability of the manufacturer's warranty information DDS provides, we do not represent or endorse the accuracy or reliability of any manufacturer's warranty information or the quality, reliability or accuracy of any products or other materials manufactured by others, except as expressly provided in this Agreement. DDS does not operate or control any information, products or services of others. It is your responsibility to verify the manufacturer's warranty applicable to any particular product.

Should a product fail DDS, at its sole discretion, will either (a) repair or replace the defective product or (b) assist you in getting a repair or replacement from the manufacturer. Should we elect to repair or replace the product, we will do so only after the defective product is returned. Should we elect to assist you in getting a repair or replacement from the manufacturer, we, at our sole discretion, will either (a) assist you in getting a Return Authorization Number from the manufacturer or (b) provide you with a Return Authorization Number to return the product to our location and act on your behalf in enforcing the warranty.

Any items returned to DDS because we have promised to repair or replace the product or because we have promised to act on your behalf must be shipped freight prepaid.

To return a product, please complete the RA Number Request Form available upon request from DDS by telephone, fax or mail and follow the instructions in the Packaging Requirements section of this Agreement. Items sent to DDS with a Return Authorization Number will be returned freight prepaid back to the location shown on the original invoice via UPS Ground Trac or other equal service. Any items shipped to DDS without a Return Authorization Number will not be accepted and you will be responsible for all shipping costs.

DDS Limited Warranty

DDS warrants to the original purchaser that the products listed below when sold by us will be free from defects in material and workmanship under normal use and service for the periods stated below for each product. Our obligation under this warranty shall be limited to the repair or replacement of any part or parts of the products listed below which may thus prove defective under normal use and service. The warranty on these products is subject to modification; please check your invoice for any special circumstances.

1. All products: 30 days from date of purchase as stated on original invoice.

2. Enclosures, cables and terminators: one year from date of purchase as stated on original invoice.

3. All DDS, RAID solutions components, when purchased as part of a complete RAID solutions unit: one year from date of purchase as stated on original invoice.

If you make a claim under this warranty within 30 days from date of purchase as stated on the original invoice, DDS will offer you the option of receiving a cash refund or store credit in lieu of repair or replacement. If you select a credit, the original purchase price (exclusive of any shipping fees) will be made available for your use in purchasing other DDS products. If you select a refund, we reserve the option to deduct a 15% restocking fee from the original purchase price (exclusive of any shipping fees) to cover our costs associated with the return and refund. Refunds or credits will not be issued after 30 days from date of purchase.

To make a claim under this warranty, please complete the RA Number Request Form available upon request from DDS by telephone, fax or mail and follow the instructions in the Packaging Requirements section of this Agreement. Any items shipped to DDS without an RA Number will not be accepted and you will be responsible for all shipping costs.

This warranty shall not apply to any product or part thereof which has been subject to accident, negligence, alteration (including but not limited to scratches, defacement, labeling or any other indelible marking), mishandling, abuse, misuse or illegal modification. This warranty shall not apply to any product with serial numbers that have been altered in any way or the factory seals of which have been broken or otherwise tampered with. This warranty shall not apply to any product with missing parts. WE MAKE NO WARRANTY WHATSOEVER IN RESPECT TO ACCESSORIES, PARTS OR PRODUCTS NOT SUPPLIED BY US. The term "original purchaser," as used in this warranty, shall be deemed to mean that person from whom payment is received.

THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER EXPRESS WARRANTIES, WHETHER WRITTEN OR ORAL. ANY AFFIRMATION OF FACT OR PROMISE MADE BY DDS, SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY THAT THE GOODS SHALL CONFORM TO THE AFFIRMATION OR PROMISE; ANY DESCRIPTION OF THE GOODS PROVIDED HERE OR ELSEWHERE IS FOR THE SOLE PURPOSE OF IDENTIFYING THEM AND SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY THAT THE GOODS SHALL CONFORM TO SUCH DESCRIPTION.

IF THE PRODUCT HAS BEEN PURCHASED FOR PURPOSES OTHER THAN CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301 (1999) THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL EXPRESS WARRANTIES, WHETHER WRITTEN OR ORAL, AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON OUR PART. IF THE PRODUCT HAS BEEN PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301 (1999), ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY.

SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Advanced Replacement Policy

If you are a customer located in the United States and any of the following products fails within the time period identified, you may within the time period identified contact DDS and obtain an advanced replacement IF DDS HAS A REPLACEMENT PRODUCT IN STOCK and pursuant to following terms and conditions, with which you must comply.

The products and the time periods for which they are covered are:

1. All products: 30 days from date of purchase.

2. RAID Solutions components when purchased as part of a complete unit: one year from date of purchase.

The terms and conditions are the following:

1. DDS will ship the replacement product to you via Fed-Ex Standard overnight or other equal freight service.

2. Prior to our shipment of the replacement product, you must provide a security deposit equal to the price of the replacement product plus shipping costs and you must complete the RA Number Request Form available upon request from DDS by telephone, fax or mail.

3. You must then ship the defective product to DDS within 3 business days of your receipt of the replacement product. You must follow the instructions in the Packaging Requirements section of this Agreement.

4. When DDS receives the defective product, the security deposit will be refunded, provided that you comply with these terms and conditions. If DDS does not receive the defective product within 3 business days or if you fail to comply with other terms of the product return procedure you will be charged a minimum of 8.7% up to the amount of the security deposit.

If you are not located in the USA, we regret that we are not able to offer you the advanced replacement policy. You may, however, be covered under the standard replacement policy.

Optional Raid Solutions Advanced Replacement Policy For Products Under Manufacturer's Warranty and/or DDS Limited Warranty

For a one-time fee payable at the time of purchase, DDS will provide its advanced replacement policy for RAID Solutions products under manufacturer's warranty and/or our limited warranty. The advanced replacement policy is available for the length of time any manufacturer's warranty applies for up to five years following the date of purchase.

If you are a customer located in the United States and a product fails within the first five years after the date of purchase shown on your original invoice AND that product is at that time covered by a manufacturer's warranty and/or our limited warranty, you may within the five-year period contact DDS and obtain a replacement IF DDS, HAS A REPLACEMENT PRODUCT IN STOCK and pursuant to following terms and conditions, with which you must comply.

1. Upon receiving notice from you, DDS, will confirm that a warranty applies to the product. Only if such confirmation is obtained will this policy apply.

2. DDS will ship the replacement product to you via Fed-Ex Standard overnight or other equal freight service.

3. Prior to shipment of the replacement product, you must provide a security deposit equal to the price of the replacement product plus shipping costs and you must complete the RA Number Request Form available upon request from DDS by telephone, fax or mail.

4. You must ship the defective product to DDS within 3 business days of your receipt of the replacement product. You must follow the instructions in the Packaging Requirements section of this Agreement.

5. When DDS receives the defective product, the security deposit will be refunded, provided that you comply with these terms and conditions. If DDS does not receive the defective product within 3 business days or if you fail to comply with other terms of the product return procedure you will be charged a minimum of 8.7% up to the amount of the security deposit.

If you are not located in the USA, we regret that we are not able to offer you the advanced replacement policy. You may be covered, however, under the standard replacement policy.

Packaging Requirements

All products must be properly packaged. Electronic devices have special packaging requirements that you should be aware of before returning them to us.

Please follow these requirements carefully. Failure to do so will void the warranty on your product.

1. Prior to shipping, you must fax or mail to DDS the RA Number Request Form, available upon request from DDS, and receive an RA Number back. Any items shipped to DDS without an RA Number will not be accepted and you will be responsible for all shipping costs.

2. All internal devices must be placed in an Antistatic bag. If you do not have an Antistatic bag please contact DDS.

3. Thoroughly wrap each device in ½" X 12" bubble wrap. Large devices are often shipped in an internal box with foam cushions. Please use the internal box instead of ½" X 12" bubbles, if it is still available.

4. Select an outer box large enough to provide a least 2" of protection on all 6 sides of the device.

5. Tightly fill the box with foam peanuts. The peanuts must firmly support the device. Do not use newspaper or starch based peanuts these products do not provide adequate protection. Foam peanuts do crush during shipping. Always tightly stuff the package with peanuts before closing the box.

6. The RA number must be clearly printed on the outside of package. The RA number is valid for 10 business days only. We reserve the right to reject any items that do not have an RA number printed on the outside of the box.

Keep in mind that use of the original packaging does not ensure the product will arrive back to us safely. The original packing material might not provide adequate protection, particularly if it compacted or was broken during the original shipment.

If you need help packaging your device please contact DDS or take the device and these instructions to a packaging supply store or post office. Remember to insure your package.

Do not ship multiple devices in the same box without individually protecting each device. Items will shift in transit and cause permanent physical damage to each other.

Items that are out of warranty, do not match the invoice or were not purchased from DDS will not be accepted. It will be your responsibility to arrange return freight for those items.

It is your responsibility to properly package the merchandise. Failure to do so will void the warranty on your product.

Waiver and Limitation of Liability

You hereby acknowledge that the warranty provided herein and the obligations and liabilities of DDS are exclusive and you hereby waive all other remedies, warranties, guarantees or liabilities, express or implied, arising by law or otherwise, whether or not occasioned by negligence by DDS You acknowledge, by your use of DDS products, that your use of the products and any reliance upon them, is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with DDS products. DDS HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT DDS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY, OR OTHER CAUSE(S) ARISING, DIRECTLY OR INDIRECTLY, FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR INJURY TO A PERSON IN THE CASE OF PRODUCT(S) PURCHASED FOR CONSUMER USE AS DEFINED BY 15 USC § 2301 (1999). Not by way of limitation, DDS shall not be liable for any losses to you based on down time, spoilage, lost production or lost profits. It is the intention of both of us that this provision be construed by a court as being the broadest limitation of liability consistent with applicable law. In no event shall DDS be liable for damages which exceed the monies paid by you to us for the product(s) less the value of the benefits received by you and the value of the product. SOME STATES MIGHT NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES ON PURCHASES FOR CONSUMER USE, SO ONE OR MORE OF THESE LIMITATIONS MIGHT NOT APPLY TO YOU.

Modification

DDS may modify this Agreement at any time without notice to you by simply updating the posting at www.harddisk.com. You will be bound by all such modifications, whether or not you have notice thereof. No amendment, alteration or modification of this Agreement proposed by you shall be valid unless in each instance such amendment, alteration or modification is expressed in a written instrument duly executed by both of us.

Contact Information

Direct Data Storage, Inc. is located in Falcon, Colorado, USA. Any questions, comments, suggestions or notices should be provided to the Legal Department as follows:

By email:

Legal Department

By telephone:

(719) 495-6100 - All locations
(719) 495-6101 - Fax

By mail:

Direct Data Storage, Inc.
11475 Dallas Road
Falcon, CO 80831

Arbitration of Disputes

Any controversy, claim or dispute between you and DDS, which cannot be resolved through negotiations between us shall be finally settled by arbitration as provided herein. If the parties fail to reach a settlement of their dispute within thirty (30) days after the earliest date upon which one of the parties notifies the other(s) in writing of the existence of and its desire to attempt to resolve the dispute, then the dispute shall be promptly submitted to arbitration by a single arbitrator through the Judicial Arbiter Group of Denver, Colorado, any successor of the Judicial Arbiter Group, or any similar arbitration provider who can provide a former judge to conduct the arbitration if the Judicial Arbiter Group is no longer in existence ("JAG"). The arbitrator shall be selected by JAG, if possible, on the basis of his or her expertise in the subject matter(s) of the dispute. The decision of the arbitrator shall be final, nonappealable and binding upon the parties, and it may be entered in any court of competent jurisdiction; provided, however, that any party to the arbitration proceeding may seek a court order vacating the decision of the arbitrator in accordance with the provisions of and on the grounds set forth in C.R.S. § 13-22-214 and/or a modification or correction of the arbitrator's award in accordance with the provisions of C.R.S. §§ 13-22-211 or 13-22-215, and may take an appeal from court orders related to the arbitration proceeding or award as provided in C.R.S. § 13-22-221.

The arbitration shall take place in Colorado Springs, Colorado. The arbitrator shall be bound by the laws of the State of Colorado applicable to the issues involved in the arbitration and all Colorado rules relating to the admissibility of evidence, including, without limitation, all relevant privileges and the attorney work product doctrine. Discovery shall be permitted and shall be completed in accordance with the time limitations prescribed in the Colorado Rules of Civil Procedure, unless extensions of such time limitations are approved by all parties to the arbitration or are ordered by the arbitrator on the basis of strict necessity adequately demonstrated by the party requesting an extension of time. The arbitrator shall have the power to grant equitable relief where available under Colorado law, and shall be entitled to make an award of punitive damages where such an award is permitted by Colorado law. The arbitrator shall issue a written opinion setting forth his or her decision and the reasons therefor within thirty (30) days after the arbitration proceeding is concluded.

The obligation of the parties to submit any dispute to arbitration as provided in this section shall survive the expiration or earlier termination of any agreement or contract between the parties.

In the event of any arbitration or litigation being filed or instituted between the parties, the prevailing party will be entitled to receive from the other party or parties its attorneys' fees, witness fees, costs and expenses, court costs and other reasonable expenses, whether or not such controversy, claim or action is prosecuted to judgment or other forms of relief. The "prevailing party" is that party which is awarded judgment or other legal or equitable relief as a result of trial or arbitration, or who receives a payment of money from the other party in settlement of claims asserted by such party. If both parties receive a judgment, settlement payment or other award or relief, the court or the arbitrator shall determine which party is the prevailing party, taking into consideration the merits of the claims asserted by each party, the relative values of the judgments, settlements or other forms of relief received by each party, and the relative equities between the parties.

SOME STATES MIGHT NOT ALLOW THE REQUIREMENT OF ARBITRATION SO THIS REQUIREMENT MIGHT NOT APPLY TO YOU.

Entire Agreement

This is the entire agreement between us regarding all matters that have been discussed in the preceding paragraphs.