Effective Date: 05/01/2019
- Our eDiscovery Assistant e-discovery support and legal research platform and web application (“Platform”); and
- our corporate website at ediscoveryassistant.com, and other websites where we link to/post this Policy, including any subdomains or mobile versions (the “Sites(s)”).
- Web Site Use Generally
- Description. Our Service an online service providing curated legal resources for electronic discovery.
- No Professional or Legal Advice. the Service is not intended to be or contain legal advice. Any opinions and advice found on the Service are those of the author and not necessarily those of EDA. Any information supplied by any employee or agent of EDA, whether by telephone, e-mail, letter or other form of communication, is intended solely as general guidance on the use of the Service, and does not constitute professional or legal advice.
- Eligibility, Access, Use and Service
- Prohibited Uses Generally. You are required to comply with all applicable law in connection with your use of the Service, and such further limitations as may be set forth herein and in any written or on-screen notice from EDA. Without limiting the foregoing, you agree not to:
- use any device, software or routine to interfere or attempt to interfere, or which has the effect of interfering with the proper working of the Service or website.
- copy, modify, reproduce, republish, distribute, transmit or use for commercial or public purposes the Service, except to the extent required in order for you to use the Service in the manner expressly intended by EDA; and
- infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
- attempt to use another user, person or entity, misrepresent your affiliation with a person or entity, including (without limitation) EDA or create or use a false identity;
- assist any third party in engaging in any activity prohibited by these Terms;
- send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by EDA in its sole discretion;
- use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a customer or registering for any promotions offered through the Service or website.
You further agree not to violate or attempt to violate the security of the Service, including, without limitation,
- access data not intended for you or logging into a server or account that you are not authorized to access or otherwise attempt to obtain unauthorized access to the Service or website, or portions thereof that are restricted from general access;
- attempt to interfere with the security of the Service or availability of the Service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, the Service;
- send unsolicited e-mail, including promotions and/or advertising of products or services;
- use the Service to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses; or
- forge any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. EDA will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Further, without our prior written consent, you may not:
- attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
- reproduce, duplicate, copy, sell, resell, create derivative works, or exploit for any commercial purpose any EDA content or any use of or access to the Service;
- use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Service or monitor or copy our web pages or the content contained thereon, unless in connection with indexing by search engines;
- deep link to the Service for any purpose; or frame the Service, place pop-up windows over any content, or otherwise affect the display of the Service;
- access the Service in order to build a competitive service or to benchmark with a non-EDA service; or
- decompile, reverse engineer, disassemble, rent, lease, loan, sublicense, create derivative works from the Service, which includes the information and software made available therein.
- Service Restrictions, Alterations and Terminations. EDA shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Service. EDA reserves the right, but shall not be required, to correct and delays, interruptions, errors or omissions. EDA may discontinue or alter any aspect of this Service, including, but not limited to: (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain users, (iii) restricting the amount of use permitted, and (iv) restricting or terminating any user’s right to use this Service, at EDA’s sole discretion and without prior notice or liability.
- Linking to EDiscovery Assistant. You may provide links to the Service from locations from locations outside the Service provided (a) you link only to the home page www.eDiscovery Assistant.com, (b) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice or other notices in the Service, (c) you give provider notice of such link by sending an email message to info@eDiscoveryAssistant.com and (d) you discontinue providing links to the Service if notified by EDA.
- Ownership; Rights to Use
- You acknowledge that, other than original government works and other public domain materials, this Service contains information, graphics and other material (collectively, “Content”) that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. This Content may be subject to additional or supplemental license terms, and you agree to follow any such licenses applicable thereto. EDA owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You may not upload, post, reproduce or distribute Content protected by copyright, or other proprietary right, without obtaining permission of EDA.
- Trade and Service Mark Rights. All rights in the product names, company names, trade names, logos, product packaging and designs of all eDiscovery Assistant.com or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to EDA or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Service confers on you any license or right under any patent or trademark of EDA or any third party.
- Notice of Copyright Infringement. If you believe that your work has been copied and is accessible on this Service in a way that constitutes copyright infringement, please provide EDA’s Copyright Agent with the following information:
- identification of the copyrighted work claimed to have been infringed;
- identification of the allegedly infringing material on the Service that is requested to be removed;
- your name, address and daytime telephone number, and an e-mail address if available, so that EDA may contact you if necessary;
- a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
EDA’s Copyright Agent may be reached as follows:
eDiscovery Assistant LLC
1035 W. Pearl Street Suite 220
EDA will remove any posted submission which infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). Additionally, EDA –reserves the right to block repeat infringers from use of the Service. United States law provides significant penalties for submitting such a statement falsely.
- Usernames, Passwords and Security.
- Your User Identity. Your username and password will be your identity for purposes of interacting with EDA and other users through the Service.
- Username, Passwords, and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username and password or Preview Code for the Service. You shall immediately notify EDA if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of the Service. In the event of such loss, theft, or unauthorized use, EDA may impose on you, at EDA’s sole discretion, additional security obligations.
- Security Breaches and Revision. If any unauthorized person obtains access to the Service as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief EDA. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
- Responsibility for Content; Other Representations, Warranties and Covenants.
- eDiscovery Assistant. EDA shall not be responsible for any use that is or is not made of the Service. Without limiting the foregoing, EDA makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, relevancy, or reliability of any information or other material that are communicated through, or posted to, the Service. You acknowledge that any reliance on information or other material communicated through, or posted to, the Service will be at your own risk.
- Links to Third-Party Services. This Service may contain links to other Services (“Linked Services”). The Linked Services are not under the control of EDA and EDA is not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. EDA is providing Linked Services to you only as a convenience, and the inclusion of such Linked Services is not an endorsement by EDA in favor of any company offering Internet services, products or services on the Linked Services.
- DISCLAIMER OF WARRANTY. YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE”, AND “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EDA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE SERVICE, OR ANY PARTY THEREOF, (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, AND (V) WARRANTIES OTHERWISE RELATED TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY EDA OR ANY THIRD PARTY.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, WILL ANY OF EDA OR ITS OFFICERS, CONTRACTORS, EMPLOYEES, AGENTS, AFFILIATES AND RELATED PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
- California Disclaimer. You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED $100.00. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
- Consent to Electronic Communications. By using the Service, you agree that EDA may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that EDA sends to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify EDA at [EMAIL].
- Providing Feedback to EDA. We welcome your comments and feedback about our Service. All information and materials submitted to EDA through the Service or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Service or the business of EDA (collectively, “Feedback“), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but EDA reserves the right to treat any such Feedback as the confidential information of EDA. By submitting Feedback to EDA, you assign to the EDA Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The EDA Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
- Governing law. This Agreement shall be construed and controlled by the laws of the Colorado. By using this Service you agree that any dispute arising from or related to the terms of this agreement will be governed by the laws of the Colorado, without regard to its choice of law provisions. By using this Service, and subject to EDA’s rights in Section 11, below, you agree to personal jurisdiction by the state and federal courts sitting in Colorado.
- Notice for California Users. Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- Additional Terms. Other Provisions that govern your use of the Service are set forth in online notices appearing in connection with certain information, products, software, services, or features of the Service, (collectively the “Additional Terms”), all of which are incorporated by reference herein. Your use of any information, products, software, or features of the Service that are subject to Additional Terms constitutes your acceptance of the respective Additional Terms.