Terms of Service

EDJ GROUP, INC. TERMS OF SERVICE

Date of Last Revision: January 7, 2019

Welcome to EDJ Group, Inc.!

 

EDJ Group, Inc. (“EDJ Group, Inc.,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.eDJGroupInc.com, www.eDiscoveryJournal.com or www.eDiscoveryMatrix.com (the “Site”) and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.

In addition, when using certain services, you shall be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at http://www.eDJGroupInc.com/privacy+policy. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Use of Site and Content and Copyright

The Service is designed to provide analyst- and community-based perspective, evaluation and research to practitioners, buyers and vendors of legal technology, information governance, and eDiscovery and services, as well as to consultants and system integrators.

Your Registration Obligations: You may be required to register with EDJ Group, Inc. in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our . If you are under 18 years of age, you are not authorized to use the Service, with or without registering.

Use of Site and Content and Copyright

You are permitted to access the Site, including the written text, graphics, data, images, illustrations, marks, logos, sound or video clips, photographs and/or other works (singly or collectively, the “Content”) solely for your or your organization’s internal information purposes. You agree to maintain all copyright, trademark and other notices on the Content. You may not copy, transmit, reproduce, publicly display, perform, distribute, alter, transmit or create derivative works of any Content or any portion of or excerpts from the Content in any fashion that is not authorized by eDJ in writing or expressly permitted in these Terms of Use.

Neither you nor your organization may use any Content or any excerpt from any Content to promote your or your organizations’ products or services. External citation to the Content is prohibited without eDJ’s express written permission and is subject to eDJ’s Citation Policy as set forth on this Site, except that members of the press may cite to portions of the Content without eDJ’s prior approval if such citation complies with the terms set forth in the Press Resources section of this Site.

The Site and all of the Content are protected by U.S. and/or international copyright laws and conventions, and belong to eDJ, its licensors or third parties. No right, title or interest in any Content is transferred to you.

You agree to use the Site and the Content in accordance with all applicable laws. You agree not to take any action that would compromise the security of the Site or render the Site inaccessible to others.

Restricted Areas

Access to certain areas of the Site is restricted (“Restricted Areas”) to eDJ Clients to whom we have issued passwords. You are not authorized to access any password-restricted areas unless you have received a password from eDJ (or from your employer if your employer has been authorized by eDJ to issue such password). You may not use another person’s password to access the Site.

If you are a Client, you are responsible for keeping your password confidential. You agree not to share your password with any other individuals or to otherwise allow any other individuals to access the Site or the Content through your account. You further agree not to reproduce, publicly display, perform, distribute, alter, transmit, create derivative works from or otherwise share any Content or portions or excerpts thereof from Restricted Areas with any other individuals or third parties, except as expressly provided in these Terms of Use or in your Contract. You take full responsibility for any activity that occurs through the use of your account and you agree to notify us immediately if you become aware that any other individual has accessed your account or has obtained your password.

Accuracy of Information

The Content on this Site is based on eDJ’s reasonable efforts to compile and analyze the best sources reasonably available to eDJ at any given time. Any opinions reflect eDJ’s judgment at the time and are subject to change. You assume sole responsibility for the selection of the Content to achieve any of your intended results, and your sole and exclusive remedy for any alleged loss or damage suffered by you in connection with your use of the Site or the Content or the User Content is to discontinue using the Site.

WARRANTIES DISCLAIMER

THIS SITE AND THE CONTENT ARE PROVIDED “AS IS,” AND eDJ DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE FURTHER DISCLAIM ALL WARRANTIES (I) RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR ANY PORTION THEREOF THAT IS MADE AVAILABLE ON THE SITE; (II) THAT THE CONTENT PROVIDED THROUGH THE SITE WILL BE FREE FROM ERRORS, OMISSIONS, DEFECTS, OR DELAYS IN OPERATION, OR FROM TECHNICAL INACCURACIES OR OTHER ERRORS; (III) THAT THE CONTENT SHALL NOT INFRINGE THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY; (IV) THAT THE CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.

LIMITATIONS ON LIABILITY

YOU AGREE THAT eDJ SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY THEORY OF LAW FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS FAILURE OR LOSS, ARISING OUT OF YOUR USE OF THE SITE, THE CONTENT OR USER CONTENT, WHETHER OR NOT eDJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE FURTHER THAT eDJ SHALL NOT BE LIABLE FOR ANY DAMAGES INCURRED BY YOU ARISING AS A RESULT OF RELIANCE UPON THE CONTENT, USER CONTENT OR THE SITE OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE CONTENT OR THE SITE OR INTERPRETATIONS THEREOF. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, eDJ’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, AND THE TERMS LIMITING eDJ’S LIABILITY IN THIS SECTION SHALL IN ANY CASE BE INTERPRETED TO LIMIT eDJ’S LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification 

You understand and agree that you are responsible for your use of the Site. You agree to indemnify, defend and hold harmless eDJ, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any applicable third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Content, the User Content or any violation by you of these Terms of Use.

Governing Law 

These Terms of Use, and their validity, construction and effect, shall be governed by and enforced in accordance with the internal laws of the State of Texas without reference to the conflicts of laws provisions therein. You specifically and irrevocably consent for any claims or disputes arising out of your use of the Site or these Terms of Use to the jurisdiction of, and venue in, the federal or state courts sitting in Texas.

Links 

eDJ may provide links to third-party content and other websites on the Site. We do not endorse, sponsor, or accept any responsibility for such material. We are not responsible for the content or privacy practices of any linked sites.

Modifications to Service: 

EDJ Group, Inc. reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that EDJ Group, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: 

You acknowledge that EDJ Group, Inc. may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that reviews, data or other content will be retained by the Service and the maximum storage space that will be allotted on EDJ Group, Inc.’s servers on your behalf. You agree that EDJ Group, Inc. has no responsibility or liability for the deletion or failure to store any reviews, data or other content maintained or transmitted by the Service. You acknowledge that EDJ Group, Inc. reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that EDJ Group, Inc. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Conditions of Use 

User Conduct: 

You are solely responsible for all reviews, research, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “post”) or email or otherwise transmit or use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by EDJ Group, Inc.. EDJ Group, Inc. reserves the right to investigate and take appropriate legal action against anyone who, in EDJ Group, Inc.’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

  • a) post, email or otherwise transmit any content, or create any reviews that involve content that:
    • (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable;
    • (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships;
    • (iii) poses or creates a privacy or security risk to any person;
    • (iv) infringes any intellectual property or other proprietary rights of any party;
    • (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
    • (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
    • (vii) in the sole judgment of EDJ Group, Inc., is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose EDJ Group, Inc. or its users to any harm or liability of any type;
  • b) further or promote any criminal activity or enterprise or provide instructional information (through your reviews or otherwise) about illegal activities;
  • c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • d) solicit personal information from anyone under the age of 18;
  • e) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • f) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
  • h) violate any applicable local, state, national or international law, or any regulations having the force of law; or
  • i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Payments and Fees: 

To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment subscription plan and provide EDJ Group, Inc. information regarding your credit card or other payment instrument. You represent and warrant to EDJ Group, Inc. that any payment information you provide is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay EDJ Group, Inc. such fees in accordance with the terms set forth in the Service and these Terms of Service. If you subscribe to the Service or any portion thereof, you hereby authorize EDJ Group, Inc. to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let EDJ Group, Inc. know within sixty (60) days after the date that EDJ Group, Inc. charges your payment instrument. WE reserve the right to change EDJ Group, Inc.’s prices. If EDJ Group, Inc. changes such prices, EDJ Group, Inc. will provide notice of the change on the Site or by email to you, at EDJ Group, Inc.’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service other than U.S. taxes based on EDJ Group, Inc.’s net income.

Commercial Use: 

Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. Unless otherwise expressly authorized herein or in the Service, the Service is for your personal use and may not be used for direct commercial endeavors.

Intellectual Property Rights 

Third Party Material: 

Under no circumstances will EDJ Group, Inc. be liable in any way for any content (including reviews) posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that EDJ Group, Inc. does not pre-screen content, but that EDJ Group, Inc. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, EDJ Group, Inc. and its designees shall have the right to remove any content that violates these Terms of Service or is deemed by EDJ Group, Inc., in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Integrated Services 

You may enable various online services (such as social networking services) to be directly integrated into your EDJ Group, Inc. experience (“Integrated Services”). By directly integrating these services into the Service, we make your online experiences richer, and more personalized. To take advantage of these features, we may ask you to register for or log into the Integrated Services on the websites of their respective providers. By enabling Integrated Services within the Service, you are allowing us to pass your log-in information to these Integrated Services for this purpose. For more information about the implications of activating these Integrated Services and EDJ Group, Inc.’s use, storage and disclosure of information related to you and your use of such services within EDJ Group, Inc., please see our . However, please remember that the manner in which Integrated Services use, store and disclose your information is governed solely by the policies of such third parties, and EDJ Group, Inc. shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, EDJ Group, Inc. is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Integrated Services. As such, EDJ Group, Inc. is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Integrated Services. EDJ Group, Inc. enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.

Indemnity and Release 

You agree to release, indemnify and hold EDJ Group, Inc. and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. 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 favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Termination 

You agree that EDJ Group, Inc., in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if EDJ Group, Inc. believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. EDJ Group, Inc. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that EDJ Group, Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that EDJ Group, Inc. shall not be liable to you or any third party for any termination of your access to the Service.

Your Privacy 

At EDJ Group, Inc., we respect the privacy of our users. For details please see our . By using the Service, you consent to our collection and use of personal data as outlined therein.

Questions? Concerns? Suggestions? 

Please contact us at info@edjgroupinc.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.