Welcome to the Esquify, Inc. (“Esquify”) website, www.esquify.com (the "Site"):
Unless otherwise noted, all materials displayed or made available on the Site, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the "Contents") are the exclusive property of Esquify or its content suppliers. The Contents are protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Esquify grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the Contents displayed on the Site solely for your personal and non-commercial use for yourself or within your organization. By furnishing information, Esquify does not grant any licenses to any copyrights, patents or any other intellectual property rights. Except as expressly permitted herein, you shall not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Contents, or (ii) use the Contents on other websites or any media without Esquify's prior written consent. If you download or Use the Esquify Virtual eDicovery Reviewer Community- VERC Reviewer Application (“VERC APP”), you also will be bound to the terms of the Esquify VERC APP Agreement, so please read that agreement carefully before downloading or using the Esquify VERC APP.
All trademarks, service marks, and logos (the "Trademarks") displayed on the Site are exclusive property of Esquify or the respective owners of the Trademarks. You shall not use the Trademarks in any manner without Esquify's, or the respective owner’s, prior written consent.
A website that links to our Site (i) may link to, but not replicate the Contents; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with Esquify; and (iv) may not link to any page of the Site other than the home page. Esquify may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.
Your Use of Esquify software or hardware products is based on the software license and other terms and conditions in effect for the product at the time you download or Use the product. Your agreement to these terms is required to install or Use the product. Please be aware that the software license that accompanies the product at the time of download may differ from the present version of the license. Be certain to read the applicable terms carefully before you install the software or Use the product. The term “Software” also includes any future updates to the Software or future versions of the Software that are not delivered to you under separate terms.
Any unauthorized Use by you of the Site automatically terminates the limited license set forth in this section without notice from Esquify and without prejudice to any other remedy provided by applicable law.
In connection with your Use, you agree to only use the Site for lawful purposes and for the purposes established by Esquify. In connection with your Use, you agree not to: (a) violate other's privacy rights or personal rights; (b) breach or attempt to breach any security measures of the Site; (c) use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Contents or Submitted Information without Esquify’s prior written consent; (d) access or attempt to access any account or login of any third party listed on the Site; (e) copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Contents, except for materials that have been submitted and owned by you; (f) post or submit any inaccurate, false, or incomplete information; (g) impersonate any person or entity; (h) misrepresent yourself, your affiliation with any third party, or your entity; or (i) post materials for which you do not have all the necessary rights or licenses. You agree to bear the risks of any reliance or use of any Contents or any information provided by any third party.
By providing information to Esquify via this website or otherwise communicating information to us you are not establishing an attorney-client relationship and the information you provide to us will not be afforded legal protection as an attorney-client communication.
ESQUIFY IS NOT ENGAGED IN THE PRACTICE OF LAW AND IS NOT AUTHORIZED TO PRACTICE LAW OR PROVIDE LEGAL SERVICES. THE SERVICES OFFERED BY ESQUIFY ARE LIMITED TO THE NON-LEGAL, ADMINISTRATIVE ASPECTS OF LEGAL STAFFING, DOCUMENT REVIEW AND DISCOVERY PROJECTS.
LIMITATION OF LIABILITY; REPRESENTATIONS AND WARRANTIES
ALL INFORMATION IS PROVIDED BY ESQUIFY ON AN "AS IS" AND AN “AS AVAILABLE” BASIS ONLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ESQUIFY PROVIDES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES AND OBLIGATIONS OF FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ESQUIFY EXPRESSLY DISCLAIMS ALL WARRANTIES THAT THE SITE WILL (I) BE UNINTERRUPTED AND SECURE (II) BE ERROR OR VIRUS FREE, AND (III) MEET YOUR REQUIREMENTS.
ESQUIFY (INCLUDING WITHOUT LIMITATION ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR LOSS OR DAMAGES SUFFERED BY YOU OR THEM AS A RESULT OF ANY FAILURE OR REFUSAL BY ESQUIFY IN RECEIVING, PROCESSING OR ACCEPTING ANY COMMUNICATION SENT TO ESQUIFY BY MEANS OF THE SITE OR EMAIL. IN NO EVENT WILL ESQUIFY (INCLUDING WITHOUT LIMITATION ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES, AGENTS AND REPRESENTATIVES) BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ANY OTHER HYPER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF USE, PROGRAMS OR OTHER DATA, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ANY CONTENT ON OR ACCESSED THROUGH THIS SITE, OR ANY COPYING, DISPLAY OR OTHER USE THEREOF. Some of the above limitations and exclusions may not apply to you to the extent such limitations or exclusions are not permitted by applicable law, in which event Esquify’s aggregate liability for any damages shall not exceed one dollar ($1.00).
The Site may contain links to other websites. These links are for your convenience only, and Esquify does not monitor or endorse the referenced content, product, service or such websites. We are not responsible for such websites or their content, and we make no representation or warranty regarding the accuracy, timeliness, suitability or any other aspect of the content located on such website(s). Esquify specifically disclaims any responsibility respecting such third party websites including, but not limited to, if websites accessed through this one: (i) infringe any third party's intellectual property rights; (ii) are inaccurate, incomplete or misleading; (iii) are not merchantable or fit for a particular purpose; (iv) do not provide adequate security; (v) contain viruses or other items of a destructive nature; or (vi) are libelous or defamatory.
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE OR ANY THIRD-PARTY MATERIALS OR LINKED WEBSITES, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER HEREBY AGREE TO RELEASE ESQUIFY, ITS AFFILIATES, PRINCIPALS, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE, INCLUDING YOUR SUBMITTED INFORMATION AND ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE.
If you are a California resident, you waive California Civil Code Section 1542, which says: "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.”
ACCOUNT AND PASSWORD
The Site may present you with opportunities to open an account with the Site. If you open an account with the Site, you will receive an account logon and an initial password. It is your sole responsibility to (a) maintain the confidentiality of your account logon and password; (b) frequently update and revise your password; (c) promptly notify Esquify of any unauthorized use of your account or any other breach of security; and (d) ensure that you exit from your account at the end of each session. Esquify cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Esquify has the right, in its sole discretion, to terminate any services of the Site and remove any Submitted Information and Contents from the Site. Esquify may also terminate your access to any part or all of the services provided by Esquify on the Site at any time, with or without cause or notice, for any reasons. In the event your information that we collect shows unlawful activity, then in addition to terminating your access to the Site (or to any part or all of the services provided by Esquify on the Site) Esquify may (but is not required) to report such unlawful activity to the applicable authorities. If you want to terminate your account, you may only cease your Use of the Site. Esquify shall not be responsible for maintaining or returning your Submitted Information, your account, or your logon and password. You should always maintain a copy of your Submitted Information. Upon termination of this Agreement, any provision which by its nature or express terms should survive such termination, will survive termination of this Agreement.
If you have comments regarding the Contents and the Site or ideas on how to improve it, please contact us by e-mail at email@example.com. Please note that by doing so, you hereby irrevocably assign to Esquify, and shall assign to Esquify, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith.
Copyright 2015 © Esquify, Inc.
All rights reserved.
Last Updated September 1, 2015