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”).
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.
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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.
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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.
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Last Updated March 7, 2019
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