Please carefully read and understand the entire contents of this Agreement before using the Beyond e-Discovery, LLC website or services. Your use of the Beyond e-Discovery, LLC website or of Beyond e-Discovery, LLC services or products will constitute your consent and agreement to be bound by all terms and conditions of this Agreement. If you do not agree with the terms and conditions in this Agreement, we will be unable to provide any services to you.
By subscribing to or using the services described in this Agreement or by using the Beyond e-Discovery, LLC website located at www.beyondediscovery.com, you agree to be bound by all the terms and conditions of this Agreement and our Credit Account Program, as further described below. If you are not entering into this Agreement on your own behalf, you represent and warrant that you are legally authorized to enter into the Agreement on behalf of the party you represent and that your actions will legally bind such party.
You and Beyond e-Discovery, LLC are independent contractors with respect to each other. Neither party is an employee, agent, representative, broker, or partner of the other. This Agreement shall not be construed to create an association, joint venture, or partnership between the parties.
Beyond e-Discovery, LLC has sole control over the use of the Beyond e-Discovery, LLC website and has the right to prohibit or remove any materials or communications Beyond e-Discovery, LLC believes to be in violation of its policies. Beyond e-Discovery, LLC reserves the right to change or modify the terms and conditions of use of the Beyond e-Discovery, LLC website from time to time. Notice of any material changes to the terms and conditions will be posted prominently on the website. Your use of the website after such notice is posted shall constitute your agreement to the revised terms.
You agree that all of your transactions with or through Beyond e-Discovery, LLC may be conducted electronically. Beyond e-Discovery, LLC may amend this Agreement at any time and will provide notice of any such amendment, prominently on the website. Your use of the Beyond e-Discovery, LLC website or services after the effective date of any amendment shall constitute your consent to be bound by the Agreement as amended. In addition, by accepting or using the Beyond e-Discovery, LLC website or services, you agree to periodically review this Agreement and be bound by any amendments to the Agreement.
By using the Beyond e-Discovery, LLC website, you represent, affirm and declare, under penalty of perjury under applicable law, that (i) you agree to adhere to the laws and regulations of the jurisdiction with which you are conducting business with Beyond e-Discovery, LLC, and that you are subject to civil and criminal penalties should you violate those laws and regulations; and (ii) you acknowledge that any information provided by Beyond e-Discovery, LLC to you in the course of performing the Services is derived from local government agency databases with respect to which Beyond e-Discovery, LLC has no control, and that Beyond e-Discovery, LLC shall have no liability whatsoever with respect to such information, including, without limitation, in the event any such information inaccurate, out of date, contains errors or omissions, or is otherwise incorrect in any way.
Beyond e-Discovery, LLC has the sole discretion to determine the fees charged to you for using its website or services. Fees for Beyond e-Discovery, LLC services may vary by jurisdiction. Beyond e-Discovery, LLC reserves the right to change its fee structure at any time.
You must have an account established with Beyond e-Discovery, LLC prior to any services being performed. When establishing an account with Beyond e-Discovery, LLC, we may require a valid credit card be placed on file with us as a form of payment guarantee. You will be billed for services rendered pursuant to, and you will be bound by all of the terms and conditions of, the Open-End Credit Program (see Fee Advances and Credit Accounts below). It is understood and agreed that all invoices will be paid within the standard terms stated on the invoices. Should any invoice become 30 days or more delinquent, Beyond e-Discovery, LLC reserves the right to charge the invoice amount to the credit card we have on file for your account. This provision does not apply to disputed invoices. Because all transaction are conducted electronically, it is understood and agreed that the physical credit card need not be present with Beyond e-Discovery, LLC in order for the charge to the card to be valid and that the validity of such charges will not be challenged in this context. Further, it is understood and agreed that the person, firm or company to whom credit is granted is liable for payment of all invoices. A person, firm or company to whom credit is granted may have a third party pay an invoice directly to Beyond e-Discovery, LLC. However, it is understood and agreed that Beyond e-Discovery, LLC has no relationship with such third parties and has no obligation to collect from them. Payment obligation rests solely with the person, firm or company to whom credit was originally granted and that Beyond e-Discovery, LLC will hold that person, firm or company liable for payment of any invoice submitted to a third party for payment. Beyond e-Discovery, LLC reserves the right to restrict the credit of any customer for any or no reason. Should your account become delinquent and Beyond e-Discovery, LLC has to initiate a collections effort, carrying charges of 1.5%, per month, will be applied to all past due invoices. In such cases, all reasonable collections costs, and/or legal fees will be awarded to the prevailing party.
You shall be responsible for any taxes which Beyond e-Discovery, LLC may be required to pay or collect under any applicable law in connection with the services, and any such amounts paid by Beyond e-Discovery, LLC shall be charged to your account.
You agree to: (i) provide true, accurate, current, and complete information about yourself and/or your organization, as appropriate, as prompted by any Beyond e-Discovery, LLC form, including, but not limited to, your e-mail address for notices and any other communications; (ii) maintain and promptly update the foregoing to keep it true, accurate, current, and complete; and (iii) provide any other information that Beyond e-Discovery, LLC may request of you from time to time for purposes reasonably related to your use of the Beyond e-Discovery, LLC website or services or credit under the Open-End Credit Program.
You agree that your use of Beyond e-Discovery, LLC Services and information on the website is at your own and sole risk. All Services are provided on an “AS IS” and “AS AVAILABLE” basis. Beyond e-Discovery, LLC disclaims all warranties and duties of any kind, express, implied or statutory, including, but not limited to, any implied warranties of merchantability or fitness for a specific purpose, non-infringement or title, duties of workman-like effort, or lack of negligence. Beyond e-Discovery, LLC assumes no responsibility for errors or omissions on its website and is not responsible in any way for the functionality, specifications, or any other aspect of the items posted. Beyond e-Discovery, LLC does not guarantee continuous, uninterrupted or secure access to Beyond e-Discovery, LLC services or that defects in its website will be corrected. You are responsible for implementing sufficient procedures to satisfy your particular requirements for protection of your system and/or accuracy of data, and for maintaining a means of reconstruction of lost data. Without limiting the above, you agree that neither Beyond e-Discovery, LLC nor any of its Members, subsidiaries, partners, employees, independent contractors, officers, directors, attorneys, agents, affiliates, representatives, successors and/or assigns (collectively Beyond e-Discovery, LLC Parties) makes any warranties or undertakes any duties regarding, without limitation, the following: (i) infringement of title or quiet enjoyment; (ii) functionality, including functionality of search or retrieval software; (iii) accuracy, completeness, or completion of forms; (iv) receipt (timely or otherwise), approval and/or processing of documents by courts and/or any other government agencies; (v) appropriateness or propriety of documents handled with respect to any services; (vi) timeliness of services; (vii) uninterrupted, secure, error or virus-free services or storage; and (viii) adequacy of fees paid to courts and/or other government agencies.
With respect to filing documents with the court, you are solely responsible for loading and transmitting documents correctly and in a timely fashion, for confirming the filing charges on the receipt, and for checking and responding to notifications, email or otherwise, for rejected filings or documents. If you do not receive an email confirmation within (3) days (or before the expiration of any filing or service deadline) documenting receipt of the filing by the Court, it is your responsibility to immediately contact Beyond e-Discovery, LLC and provide details of the document transmission, including the original filing or service receipt, which was generated at the time the filing or service was done with Beyond e-Discovery, LLC, to enable Beyond e-Discovery, LLC to determine what action should be taken, and if necessary to manually file and serve such documents before the expiration of any applicable deadline. You waive and release any claims based upon errors, defaults, or omissions if you fail to provide notice and/or resubmit to the Court and perform any necessary services as set forth in this paragraph.
With respect to jurisdictions in which you are not required to use the online e-Filing for Courts System, you agree that the e-Filing Service is a convenience service, and that you can make alternative arrangements to file any necessary documents in the event that the e-Filing service is unavailable or malfunctioning. You acknowledge that the timely filing and serving of motions, briefs, and other documents in compliance with statutes, regulations, court rules, and order requires the professional judgment of an attorney, and that attorneys appearing in a case are ultimately responsible for the timely filing of any such documents. While Beyond e-Discovery, LLC will use reasonable efforts to electronically file and serve any documents for which transaction fees have been paid, you agree that neither Beyond e-Discovery, LLC nor any of its licensors, suppliers or contractors shall have any liability whatsoever associated with the filing, serving of, or failure to file or serve of any documents submitted via the Service due to the circumstance beyond its control, including unavailability of the court system, technological malfunctioning or other issues which may cause the e-filing system to fail, except for the damages permitted by the “No Incidental or Consequential Damages” clause included herein.
To the fullest extent allowed by applicable law, you agree that none of the Beyond e-Discovery, LLC Parties will be liable to you, your successors, agents, heirs or assigns, and/or any other person or entity for general, special, incidental, consequential, indirect, or punitive damages of any kind, including, but not limited to, those damages resulting from loss of use, data, sales, goodwill, or profits, whether or not Beyond e-Discovery, LLC has been advised of the possibility, or under any legal or equitable theory of liability, including theories of tort, contract, or otherwise arising out of the use of the Beyond e-Discovery, LLC website or Services.
YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT BEYOND E-DISCOVERY, LLC SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO ANY ACTIONS OR OMISSIONS BY ANY COURT AND/OR OTHER GOVERNMENT AGENCIES WITH WHOM BEYOND E-DISCOVERY, LLC INTERACTS WITH IN CONNECTION WITH THE SERVICES. IN PARTICULAR, BEYOND E-DISCOVERY, LLC SHALL HAVE NO LIABILITY WITH RESPECT TO ANY COURT AND/OR GOVERNMENT AGENCY’S FAILAURE TO PROPERLY OR TIMELY RECEIVE, FILE OR PROCESS ANY DOCUMENTS OR OTHER MATERIALS TRANSMITTED BY BEYOND E-DISCOVERY, LLC ON YOUR BEHALF.
NEITHER BEYOND E-DISCOVERY, LLC, NOR ANY OF THEIR RESPECTIVE TRADING PARTNERS, SUPPLIERS, LICENSORS OR CONTRACTORS SHALL HAVE ANY LIABILITY TO YOU WITH RESPECT TO THIS AGREEMENT OR OTHERWISE , INCLUDING ANY LIABILITY FOR FINES, PENALTIES, DISPUTES OVER FEES, DEPOSITS, COMMISSIONS, CHARGES FOR GOODS OR SERVICES, THIRD PARTY COSTS OF CORRECTING, PERFORMING OR RE-PERFORMING ANY WORK OR OTHER ACTIVITY, CONTRACTUAL DAMAGES, LOSS OF BUSINESS OR PROFITS OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BEYOND E-DISCOVERY, LLC, NOR ANY OF THEIR RESPECTIVE TRADING PARTNERS, SUPPLIERS, LICENSORS OR CONTRACTORS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES EXCEED THE TRANSACTION FEES PAID BY YOU TO BEYOND E-DISCOVERY, LLC, EXCLUSIVE OF COURT FEES, FOR THE RELEVANT TRANSACTIONS GIVING RISE TO SUCH CAUSE OF ACTION.
You agree that your sole remedy for any breach of this Agreement by Beyond e-Discovery, LLC or any of the Beyond e-Discovery, LLC Parties shall, at the option and sole discretion of Beyond e-Discovery, LLC, be the following: (i) correction of any services causing you damage; or (ii) refund of the amount you paid for the service that caused damages incurred by you in reasonable reliance on the service. You also agree that the damage exclusions and this limitation of liability shall apply even if any remedy of its essential purpose fails.
You agree to indemnify, defend, protect and hold harmless all of the Beyond e-Discovery, LLC Parties from and against all losses, claims, and expenses (including attorneys’ fees and costs) arising out of or relating to: (i) your breach of any terms of this Agreement, (ii) the determination by a jurisdiction that you have improperly utilized the services of Beyond e-Discovery, LLC to violate the laws and regulations of the jurisdiction; (iii) your use of the Beyond e-Discovery, LLC services or your failure to pay any sums due Beyond e-Discovery, LLC or any local government; or (iv) your supplying inaccurate, out of date, errors or omissions, or otherwise incorrect information as wells as any action taken by you as a direct or indirect result of the information displayed on the Beyond e-Discovery, LLC website.
Beyond e-Discovery, LLC reserves the right to terminate your use of the Beyond e-Discovery, LLC website and services at any time for any reason or no reason at all. If your use of the Beyond e-Discovery, LLC website and services is terminated, you agree that none of the Beyond e-Discovery, LLC Parties will be liable to you with respect to such termination for any general, special, incidental, consequential, indirect, or punitive damages of any kind, including, but not limited to, those damages resulting from loss of use, data, sales, goodwill, or profits, whether or not Beyond e-Discovery, LLC has been advised of the possibility of such damages, or under any legal or equitable theory of liability, including theories of tort, contract, or otherwise.
You agree to respect the intellectual property rights of Beyond e-Discovery, LLC and of others. We reserve the right to suspend or terminate your registration if it appears that you are infringing upon the intellectual property rights of Beyond e-Discovery, LLC or of third parties. Intellectual property laws protect some of the services, including, but not limited to, our underlying technology and software. Beyond e-Discovery, LLC reserves all rights not expressly granted in this Agreement or on the Beyond e-Discovery, LLC website. You agree not to reverse engineer, reverse assemble, or otherwise attempt to discover any source code from the Beyond e-Discovery, LLC website. You agree not to duplicate (other than for your records), modify, sell, distribute, or create derivative works based on any part of the Beyond e-Discovery, LLC services and you agree not to attempt to transfer any of your rights under this Agreement. You also agree not to access the services by any means other than through the interface that is provided by Beyond e-Discovery, LLC on the website.
You agree that any comments or suggestions that you provide to Beyond e-Discovery, LLC regarding the services, including, without limitation, feedback, suggestions or ideas in response to any customer survey (collectively Comments), shall be deemed, and shall remain, the property of Beyond e-Discovery, LLC. None of the Comments shall be subject to any obligation of confidence and the part of Beyond e-Discovery, LLC and Beyond e-Discovery, LLC shall not be liable for any use or disclosure of any Comments. Without limitation of the foregoing, Beyond e-Discovery, LLC shall exclusively own all rights to the Comments of every kind and nature and shall be entitled to unrestricted use of the Comments for any purpose, commercial or otherwise, without compensation to the provider of the Comments.
This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions.
Neither party shall be responsible for delays for failure in performance resulting from acts beyond the reasonable control of such party. Such acts shall include but not limited to acts of God, war, riots, actual or threatened acts of terrorism, labor stoppages, governmental actions, fires, floods, utility failures and earthquakes.
The provisions in this Agreement are for the sole benefit of you and Beyond e-Discovery, LLC and shall not inure to the benefit of any other person either as a third party beneficiary or otherwise.
You may not assign any of your rights or delegate any of your duties under this Agreement without the prior written consent of Beyond e-Discovery, LLC. Beyond e-Discovery, LLC may assign any of its rights or delegate any of its duties hereunder to any party whatsoever.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the unenforceability of any provision shall not affect the enforceability of any other provision of this Agreement.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver of the right of such party to assert or rely upon such provision or right in that or any other instance.
In the event of any dispute between you and Beyond e-Discovery, LLC regarding this Agreement and/or related to the services, the prevailing party shall be entitled to reimbursement of its reasonable attorneys’ fees and costs from the non-prevailing party.
You certify that you have read and understand this Agreement and state that you agree to be bound by the terms and conditions contained in this Agreement. You agree to comply with all city, county, state and federal laws and ordinances relating to the Beyond e-Discovery, LLC services.