Customer understands and agrees that customerís data backed up to PDC Systemís (PDC) local Virtubit device is also backed up to an off-site storage site outside the State of Hawaii. Customer understands and agrees that in certain rare instances, customerís data may not be recoverable from the local Virtubit device in which case, recovery from the offsite backup may be necessary. Customer understands and agrees that in such instances, it may take 48 hours or longer to retrieve and recover customerís data from Virtubitís offsite backup. PDC Systems does not guarantee that recovery from offsite backup will be completed within 48 hours. PDC Systems will make its best efforts to recover customerís data from offsite backup, when necessary, in an expeditious manner.
Customer acknowledges, understands and agrees that PDC is not responsible for any general, special or consequential damages arising out of customerís use of PDCís Virtubit service. Customer releases PDC, its officers, employees, consultants and agents, from any and all claims arising in any way from customerís use of PDCís Virtubit service. No part of this disclaimer may be modified in any way without the express written consent of PDC.