Terms of Service/ Web Application Sign-up Agreement
Esquify, Inc. (“Esquify”) provides a platform in which Esquify is able to enable reviewer consultants (“Reviewer” or “you” (if applicable)) to undertake document review related services for companies (“Company” or “you” (if applicable)) and Esquify provides unique monitoring software in connection with such engagement (the “Services”). The Esquify website, www.esquify.com (the "Site") also provides a forum for you to obtain as well as provide certain information about document review projects, and have access to tools that allow you to create, share or exchange information, ideas, pictures, videos or any news relating to the industry.
By signing up for Esquify you are requesting that Esquify consider your eligibility to (a) be a Reviewer or (b) be a Company/client representative to whom Esquify provides document review and related services, and you agree to be bound to the terms of this Agreement, including all agreements incorporated herein by reference.
You acknowledge and agree that:
You agree not to use the Services for any unlawful or improper purpose and not in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Esquify is not in any way responsible for any such unlawful use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
Esquify may, at its discretion, allow you and other users to submit your content to the Site for viewing and access by other users. By making your content accessible to other users (as individuals and as a group), you agree in perpetuity to allow any users, free of charge and for personal use: (a) to view your content on or through the Site and other electronic communication media (e.g. mobile phones) for the entire period in which your content is hosted on the Site; and (b) to download and view your content on other media. If you wish to use another user's content for any other purpose, in particular for commercial use, you are responsible for obtaining the necessary advance authorization.
In addition, you authorize Esquify to reproduce and display your content via the features that enable the Site to be accessed both on the Internet and through other electronic communication media, and to adjust your content's format as necessary for the purposes of reproduction and display. Please note that due to the nature of the Internet and digital media, data transmitted - including your content - cannot be protected against the risks of misappropriation and/or piracy, for which Esquify shall not be liable. You are responsible for taking all appropriate steps to protect your content, where applicable.
The Site may include bulletin boards, blogs, chat rooms and other pages that allow you and other users to post and share information and materials, provide feedback or comments to Esquify, and interact in real-time with other users or the Site. You agree that Esquify and its licensees may reproduce, distribute, publish, display, edit, modify, create derivative works and compilations and otherwise use all information, text, messages, photographs, videos, member or display name and other materials posted by you ("Submitted Content") for any purpose in any form and on any media. By using the Site, you grant Esquify a perpetual, non-exclusive, irrevocable, worldwide, royalty-free sublicensable license and right (but not the obligation) to use, copy, modify, display, distribute, download, store, transmit, reproduce and create derivative works and compilations of your Submitted Content, in whole or in part, and to display, perform, distribute and transmit the same in any form and on any media, including but not limited via the features that enable the Site to be accessed both on the Internet and through any other electronic communication media or technology, now known or later developed, and to adjust the format or Your Submitted Content as necessary for the purposes of reproduction, display, transmission and promotion of Esquify, its events, shows and websites. Esquify may, but is not required to, store and use your Submitted content indefinitely.
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.
When submitting information, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form; and (b) maintain and promptly update the Submitted Content to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Esquify has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Esquify has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You agree you will not post, transmit, store or upload any material to the Site that (i) is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, harassing or obscene, (ii) disrupts or interferes with the normal operations of the Site such as making an abnormally large posting, continuous posting of repetitive materials or posting or transmitting viruses, or (iii) is otherwise not authorized by Esquify such as unauthorized advertising materials, unsolicited promotional materials, "junk mail," "spam mail," "chain letters," pyramid schemes, franchises, distributorship, sales arrangement, or otherwise unacceptable materials.
In the event Esquify receives notification regarding any unacceptable Submitted Content, Esquify may investigate such materials, in its sole discretion.
ENGAGEMENTS AND LIMITATIONS ON LIABILITY
You understand and agree that Esquify. (a) does not warrant that you will receive any document review engagements or job offers through the Site; (b) shall not be responsible for any engagement offers, engagement screenings, engagement decisions, and any actual engagements presented by third parties; (c) does not guarantee the accuracy, completeness, validity, or timeliness of information listed by any third parties; (d) shall not be responsible for any materials posted by third parties, including, but not limited to, job openings and employment listings; and (e) is neither your employer nor your agent in any regard. You shall use your own judgment, caution, and common sense in evaluating any prospective engagement and any information provided by any third party. A Reviewer’s assignment to, or removal from, a case by Esquify is at Esquify’s sole discretion, and Esquify is under no obligation to provide any reason.
You acknowledge that 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 and the Reviewers are limited to the non-legal, administrative aspects of legal staffing, document review and discovery projects, and you agree to release and hold Esquify harmless for any services rendered by Reviewers beyond such scope of services.
Esquify is not responsible for the information provided or product produced by any Reviewer. Company agrees not to hold Esquify responsible for (a) the information or services provided or product produced by any Reviewer or (b) any Reviewer’s misconduct or breach of this Agreement, and Company hereby releases Esquify from any and all claims arising in connection therewith. Esquify is not responsible for the information provided by any Company. Reviewer agrees not to hold Esquify responsible for (a) the information provided by any Company or (b) any Company’s misconduct or breach of this Agreement, and Reviewer hereby releases Esquify from any and all claims arising in connection therewith.
(a) Reviewer Eligibility and Additional Obligations
To be considered for selection as a Reviewer, you must be (a) a United States citizen and (b) an attorney, duly authorized to practice law and in good standing or, in Esquify’s sole discretion and subject to verification of qualifications, a paralegal. By applying to be approved as a Reviewer, you are representing that you satisfy such criteria. Esquify does not discriminate based on race, religion, gender, age, sexuality, gender identification, or physical ability.
Esquify may require any other information or qualifications it deems appropriate, in its sole discretion, for you to be eligible for assignment to a case, such as, requiring up to date attorney bar information.
Upon a document review engagement for Reviewer through Esquify, Reviewer will be required to (a) have a completed profile and submit a valid completed W-9, (b) enter into the Contract Consulting Agreement and (c) download the Virtual eDicovery Reviewer Community- VERC Reviewer Application (VERC APP), prior to commencing any document review services for a Company. A Reviewer also will need to have an active email account and a working computer, which you agree to use to perform reviews, with updated software, virus and security features, and internet access. Reviewers may only log in to perform reviews within the United States. Reviewers will be personally responsible for preserving confidentiality of documents, passwords, and information relating to a case.
(b) Additional Company Obligations
Company will be required to enter into a Document Review Engagement Agreement with Esquify prior to any Reviewer commencing document review services.
This Agreement is governed by the laws of the State of Delaware, United States of America, without giving effect to any principles of conflict of laws.
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Last Updated September 1, 2015