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Terms of Use

Esquire Deposition Solutions, LLC and its affiliates (“Esquire”, “Company“, “us” or “we”) provide you with access to and use of our website www.esquiresolutions.com and any of its sub-domains and related Esquire sites (the “Site”), and the account, services, Sites, applications, products and networks found at or related to the Site (the “Service”).  These terms of use (“Terms of Use” or “Terms”) govern your use of the Site, as well as the Service.  Please read them carefully.  By accessing the Site and/or Service, you acknowledge that you have read and understood these Terms and agree to comply with them.  If you do not agree to all these Terms, you may not access or use our Site or Service.

1. AUTHORIZED USERS

Access to certain features of our Service and certain Sites are limited to authorized users (“Authorized Users”) who have registered with us to create a user account (“User Accounts”).  Authorized Users may be subject to additional terms specific to those Sites or Services.  If registration is required, you agree that all information you provide will be accurate, current and complete, and you will keep such information up to date.  You are responsible for maintaining the confidentiality and security of your user name and password and are fully responsible for all activities that occur through your User Account.  You agree to notify us immediately of any breach of security or unauthorized use of your User Account.    We reserve the right to reject or otherwise terminate access for any user at any time.

2. LIMITED LICENSE

Esquire, or third parties granting rights to Esquire, hold all right, title, and interest in and to the materials on this Site (“Content”). As a user of this Site, you are granted a nonexclusive, nontransferable, revocable, limited, personal license to access and use the Site in accordance with these Terms of Use.  You may not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You may print off one copy and may download extracts of any pages from our Site for your personal use and you may draw the attention of others within your organization to content posted on our Site.  You must always acknowledge our status (and that of any identified contributors) as the authors of Content.  You may not use any part of the Content for commercial purposes without obtaining a license to do so from us or our licensors.  We may terminate this license at any time, for any reason.  This limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded or printed materials.

3. LIMITATIONS ON USE

Use of the Content on this Site is limited to lawful business purposes. You may not reverse engineer, dis-assemble, rent, lease, loan, sell, sub-license, or create derivative works from the Site or Content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, or other automatic device or manual process to monitor or copy the Site or Content without our prior written permission. You may not copy, download, perform, modify, edit, alter, enhance, reproduce, republish, distribute, display or transmit all or any portion of the Site in any manner, except to the extent expressly permitted by these Terms. You may not use or otherwise export or re-export the Site or any portion thereof, the Content or any software available on or through the Site in violation of the export control laws and regulations of the United States of America.  Any unauthorized use of the Site or its Content is prohibited.

You are responsible for configuring your information technology, computer programs and platform in order to access our Site. You should use your own virus protection software.  You may not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.  You may not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.

You may provide links to this Site provided you do so in a fair and legal way. You may not remove or obscure, by framing, mirroring or otherwise, any portion of the Site. You will discontinue providing links to the Site if requested by us.  You may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not establish a link to our homepage in any Site that is not owned by you.  We reserve the right to withdraw linking permission without notice.

4. NOT LEGAL ADVICE

Nothing in the Site is intended to create an attorney-client relationship. The Content of this Site should not be deemed legal advice, and you should not rely on any part of the Site as legal advice related to your particular circumstances.

5. PRIVACY

Our Privacy Policy, available at www.esquiresolutions.com/privacy, governs what and how we collect and use your personal information, and is incorporated by reference into these Terms of Use.

6. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Site and in the Content published on it. Except as expressly provided in these Terms, you have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any of its Content. You agree that the Site and its Content are protected by copyright, trademark, service mark, patent or other proprietary rights and laws. All such rights are reserved.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of our Site.  We have the right to remove any posting you make on our Site in our sole discretion.  The views expressed by other users on our Site do not represent our views or values.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions“), provided by you to us are not confidential and shall become the sole property of Esquire.  We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

7. TRADEMARKS

The Esquire logo, all product names, regardless of whether they appear with capital letters or with a trademark symbol, and all products denoted with TM, SM or ® are trademarks or registered trademarks of Esquire Deposition Solutions, LLC, its affiliated companies, or its licensors or joint venture partners. Nothing contained on this site should be construed as granting any license or right to use any trademark displayed on this site without our express written permission or such third party that may own the trademark.

8. THIRD-PARTY CONTENT

Third-party content may appear on the Site or may be accessible via links from the Site. You acknowledge that we are providing these links or third-party content to you only as a convenience, and you agree that we have no liability, obligation or responsibility for any correspondence, purchase or promotion between you and any third party with a link on the Site, or for any content or links displayed on such sites to which you may be linked. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Site. You understand that the information and opinions in the third-party content are neither endorsed by nor do they reflect the opinions or beliefs of Esquire.

9. MOBILE SERVICES

We may offer services that are available via your mobile phone, including, without limitation, the ability to upload content to the Site, blog post, and send and receive messages, instant messages, location information, data transactions and other types of communications that may be developed for the Site (collectively “Mobile Services“). Your mobile carrier’s normal messaging, data and other rates and fees may apply when using the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all mobile carriers or devices. By providing your cell number upon registering or by using any Mobile Services, you agree that we may communicate with you regarding Esquire, the Service and the Site and other entities, by SMS, MMS, text message, push message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

10. DISCLAIMER

The Site is provided on an “as is” and “where is” basis, without any warranty. We make no representations or warranties in connection with the Site, including, but not limited to, the quality, suitability, truth, accuracy or completeness of any content, information, product or service contained on the site, and expressly disclaim all conditions, representations and warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement of third-party rights.  We do not represent or warrant that the Site is error free or free of viruses or other harmful components, or that defects will be remedied. We do not warrant or represent that the Content will be correct, accurate, error-free, timely or otherwise reliable. We do not guarantee that our Site, or any Content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We may make improvements and/or changes to features, functionality or Content on the Site at any time. We will not be liable to you if for any reason our Site is unavailable at any time or for any period. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or due to your downloading of any Content from it, or on any Site linked to it.  We disclaim all responsibility for any loss, injury, claim, liability, or damage of any kind whether in contract, tort, breach of statutory duty, or otherwise, including, but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the Site, including, but not limited to, your use of the Site or your inability to use the Site, even if we have previously been advised of the possibility of such damages or such damages were foreseeable. We will not be liable for loss of profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage resulting from your use of the Site.  Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

11. INDEMNITY

You agree to indemnify and hold Esquire, its subsidiaries, affiliates, directors, officers, employees, consultants, and agents harmless from and against any and all losses, liabilities, claims, demands, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any content, any third party content you post or link to or any third party sites you link to on the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of the Terms of Use or of any law or the rights of any third party.

12. UNLAWFUL ACTIVITY

We reserve the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information. You acknowledge that we will have the right to report to law enforcement authorities any action that may be considered illegal, as well as any reports it receives of such conduct. When requested, we will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity.

13. EXPORT CONTROL

Any software or technology obtained from Esquire through the Service originates in the United States, and is subject to United States export laws and regulations. Such software and technology may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, software and technology obtained from us may be subject to the import and export laws of other countries. It is your responsibility to comply with all U.S. and foreign export and import laws and regulations.

14. LOCAL LAWS

We control and operate the Site from within the United States and make no representation that the content, services or information is appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States. If you use this Site from outside the United States, you are entirely responsible for compliance with applicable local laws, including, but not limited to, export and import regulations.

15. CHILDREN

Any use of or access to the Site or Service by anyone under 13 is not permitted and violates our Terms of Use.  By using or accessing our Site or Service, you represent and warrant that you are 13 years of age or older and fully able to enter into and abide by all of our Terms.  We may terminate your User Account and delete any profiles, content or date you may have created or posted if we believe, in our sole discretion, that you are less than 13 years old.

16. GOVERNMENT USE

If the Service is being acquired on behalf of the United States Government (“USG”), then the following provision applies: This is commercial computer software. If acquired by or on behalf of an agency, department, or other entity of the USG, the use, duplication, reproduction, release, modification, disclosure, or transfer of this software, and any related documentation of any kind, including technical data or manuals no matter how received by the USG, is restricted by the terms and conditions of a license agreement in accordance with Federal Acquisition Regulation 12.212 for civilian agencies, and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. All other use is prohibited.

17. GOVERNING LAW AND DISPUTE RESOLUTION

For any dispute you have with Esquire, you agree to first contact us at resolution@esquiresolutions.com and attempt to resolve the dispute with us informally. In the event that we are not been able to resolve your dispute, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms of Use, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA. The arbitration shall take place in Atlanta, Georgia. By visiting or using the Site and/or the Service, you agree that the laws of the State of Georgia, without regard to principles of conflict of laws, will govern the Terms of Use and any dispute of any sort that might arise between us. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Site or Service. For any such actions, we each agree to submit to the personal jurisdiction of the state and federal courts located in Atlanta, Georgia and waive any and all defenses of lack of personal jurisdiction and forum non conveniens. We each agree to waive any and all rights we may have to trial by jury.

We reserve the right to seek all remedies at law and in equity for violations of these Terms of Use, including, but not limited to, the right to block access from a particular Internet address to our Site and its features.

18. MODIFICATIONS

We reserve the right to change these Terms of Use at any time by updating this posting. Updated versions of these Terms of Use will appear on the Site and are effective immediately.  We may, but are not required, to notify you of changes to these Terms, so you are responsible for viewing these Terms regularly.  Continued use of the Site after any such changes constitutes your consent to such changes.

19. GENERAL

The Terms of Use constitute the entire agreement with respect to access to and use of the Site. If any provision of these Terms of Use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining portion of these Terms of Use.

Updated January 2014