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TERMS OF USE

Xcellence, Inc. d/b/a Xact Data Discovery (“XDD”) welcomes you to Esquify®, Powered by XDD (“Esquify”) and your use of the Esquify Review Platform via www.esquify.xactdatadiscovery.com (the “Site”).

This document sets forth the terms and conditions of the Site (“Terms of Use”). By accessing, browsing or using (each and collectively, “Use” or “Using”) this Site, you acknowledge acceptance of, and are bound to, the Terms of Use, including any changes or updates. The Terms of Use may be changed or updated from time to time without notice. You should therefore carefully review this document and periodically visit this page to review the current Terms of Use. The term “You,” “you,” “User,” or “user”” refers to each individual user and viewer of this Site and, if applicable to your use, your employer or firm. If you do not accept the Terms of Use, you are not authorized to Use the Site.


ELIGIBILITY

If you cannot form legally binding agreements under applicable law or have not accepted the Terms of Use, then you are not authorized, and are ineligible, to Use the Site and any related services. The Site is not available to minors. If you are a minor, you are not eligible or authorized to Use the Site.


LICENSE

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 XDD 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. XDD 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, XDD 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 XDD’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 XDD or the respective owners of the Trademarks. You shall not use the Trademarks in any manner without XDD’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 XDD; and (iv) may not link to any page of the Site other than the home page. XDD 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 XDD 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 XDD and without prejudice to any other remedy provided by applicable law.


GENERAL USAGE

In connection with your Use, you agree to only use the Site for lawful purposes and for the purposes established by XDD. 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 XDD’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.

You agree that there is no employment, partnership, agency, or joint venture relationship between you and XDD arising out of or resulting from your Use of the Site. This document and the Terms of Use constitute the entire agreement between you and XDD governing your Use of the Site and is additional to any other binding agreement between you and XDD. This document and the Terms of Use are governed by the laws of the State of Delaware, United States of America, without giving effect to any principles of conflict of laws. XDD does not warrant that this Site will be lawful outside the United States.  You are not authorized to access the Site outside the United States and by using the Site you represent and warrant that you are in the United States. If you view, access, submit, or download materials to and from the Site outside the United States, you solely will be responsible for all your actions and assume all risks and liability. You may not use or export any Contents or make any copy or adaptation in violation of any applicable laws, rules, or regulations, including, but not limited to, U.S. export laws and regulations. The failure or delay by either party to enforce the terms of the Terms of Use shall not be deemed as a waiver of such term.

By providing information to XDD 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.

XDD IS NOT ENGAGED IN THE PRACTICE OF LAW AND IS NOT AUTHORIZED TO PRACTICE LAW OR PROVIDE LEGAL SERVICES. THE SERVICES OFFERED BY XDD 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 XDD ON AN “AS IS” AND AN “AS AVAILABLE” BASIS ONLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, XDD 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 PERMIITTED BY APPLICABLE LAW, XDD EXPRESSLY DISCLAIMS ALL WARRANTIES THAT THE SITE WILL (I) BE UNINTERRUPTED AND SECURE (II) BE ERROR OR VIRUS FREE, AND (III) MEET YOUR REQUIREMENTS.

XDD (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 XDD IN RECEIVING, PROCESSING OR ACCEPTING ANY COMMUNICATION SENT TO XDD BY MEANS OF THE SITE OR EMAIL. IN NO EVENT WILL XDD (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 XDD’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 XDD 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). XDD 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 XDD, 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 XDD 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. XDD cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.


VERC APP

Upon acceptance of a work assignment, all Reviewers are required to download the VERC APP. Prior to commencement of any document review, you will need to review and accept the terms of the VERC APP Agreement, which contains additional privacy policy information applicable only to users of that application. How we use the information collected by the VERC APP is described in the VERC APP Agreement.


PRIVACY

With your Use of the Site, XDD may collect your information. In addition to the potential disclosure of user-identifiable information as stated in the “User Submission” Section, XDD may disclose aggregate information to a third party, such as general demographics and usage information about Users. XDD may use cookies to track your Use, including, but not limited to, registration, submissions, and information requests. XDD may also use your information we collect to evaluate your performance, and improve future services and product offerings. If you are selected as a “Reviewer”, XDD also may use data collected to make payments to Reviewers and, therefore, such data may be shared and stored with our third-party payroll provider and reported for tax purposes. If you register with the Site, XDD may ask for your contact information, such as name and email address. You further agree and accept that XDD may, from time to time, send you automated email messages or marketing materials regarding its services, including employment information. You may opt out of receiving such email messages by sending an email message to XDD’s email link listed below.

We use the information we collect about you as follows:

  • If you are a potential reviewer consultant (“Reviewer”) (i.e., join the Reviewer Community before being selected for a case), when you register or provide information for purposes of utilizing our products and services, we use your information to allow us or potential clients/firms to review your credentials and to contact you about document review opportunities. If you no longer wish to receive our promotional or job listing e-mails, you may opt out of receiving these communications by logging into your XDD account and editing your account preferences. All clients are believed by us to be legitimately seeking applicants for available engagements; however, we are not liable for the actions of these clients and their use of your information provided to them in connection with a potential case assignment is not subject to this Privacy Policy.
  • If you are a firm considering engaging XDD for document review services, when you register or provide information for purposes of utilizing our products and services, we use your information to allow us to communicate with you regarding your document review needs and to perform document review services. If you no longer wish to receive our promotional e-mails, you may opt out of receiving these communications by logging into your XDD account and editing your account preferences. All Reviewers are believed by us to be legitimately seeking document review opportunities; however, we are not liable for the actions of these Reviewers.
  • We use your personally-identifying information to deliver information to you that, in some cases, is targeted to your interests, such as e-mail alerts and news updates. You can opt out of receiving this information by sending an email requesting to not receive such information to info@esquify.com. We may ask you to provide us voluntarily with additional information regarding your personal or business interests, experience or requests which may use to customize our service for you.
  • We use your e-mail address, your mailing address, and phone number to contact you regarding administrative notices and communications relevant to your use of the website. We will not send you promotions or announcements unless you give us permission to do so. You can opt out of receiving this information by so clicking the Unsubscribe link on these emails.
  • We may also use or disclose information to resolve disputes, investigate problems, or enforce our Terms of Use. At times, we may review status or activity of multiple users to do so. We may disclose or access information whenever we believe in good faith that the law so requires or if we otherwise consider it necessary to do so to maintain service and improve our products and services.
  • We use your IP address to help diagnose problems with our server, to manage our website and to enhance our website based on the usage pattern data we receive.
  • Whenever you voluntarily disclose personal information online, such as on message boards, through e-mail or in chat areas, information can be collected and used by others.
  • When you register, you can expect to receive e-mail announcements regarding this website and the services offered herein. If you no longer wish to receive these announcements, go to the Unsubscribe page, where you can cancel this option. However, to be a Reviewer you must supply and maintain an active email account and agree to be contacted at such email address for all XDD matters, including, regarding potential review assignments, rates, disputes, and other notifications from XDD.

These Terms of Use include the XDD Privacy Policy, which is incorporated into the Terms of Use by reference. Therefore, by Using the Site you are bound to the terms of the Privacy Policy and should read it carefully.


INDEMNIFICATION

You agree to indemnify, defend, and hold XDD, its shareholders, subsidiaries, affiliates, officers, directors, agents, representatives, and employees, harmless from any claims or demands of any third party, including, but not limited to, attorneys’ fees and legal fees, resulting from or arising out of your Use of the Site, your Submitted Information, or your violation of any of the Terms of Use.


TERMINATION

XDD has the right, in its sole discretion, to terminate any services of the Site and remove any Submitted Information and Contents from the Site. XDD may also terminate your access to any part or all of the services provided by XDD 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 XDD on the Site) XDD 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. XDD 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. Please note that by doing so, you hereby irrevocably assign to XDD, and shall assign to XDD, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith.

If you have any questions regarding these Terms of Use, please contact us by e-mail at info@xactdatadiscovery.com.

Copyright 2019 © XDD
All rights reserved.
Last Updated March 7, 2019

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