IN ACCESSING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. “YOU” AND “YOUR” ALSO INCLUDE ANY ORGANIZATION YOU WORK FOR RESPECTING KCURA’S PRODUCTS.
kCura LLC (“kCura”), a Delaware limited liability company, makes available this web site including all pages and kCura-linked sites (“Web site”), and all content, information, services and software ordered or provided on or through this Web site (“Content”), solely under the following terms and conditions (“Terms of Use”). Certain marketing and sales support activities outside the United States are conducted for kCura by its subsidiary, kCura Global LLC (“kCura Global”), an Illinois limited liability company, which has registered a United Kingdom branch establishment under Company No. FC030910 and UK Establishment No. BR015972. kCura Global is not generally authorized to enter into any binding agreements or commitments on behalf of kCura or respecting kCura’s Relativity software or any other kCura products or services. For persons who work for an organization which has a written license agreement with kCura (“kCura License”): (a) use of this Web site and downloading and use of Products is also governed by the terms of the applicable kCura License, all of which are incorporated by reference herein; and (b) in case of express inconsistency, the terms of the kCura License will govern and control over these Terms of Use.
1. License
You are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Web site and Content in accordance with these Terms of Use. kCura may terminate this license at any time for any reason.
2. Basic Limitations
The Content on this Web site is limited to bona fide actual and prospective authorized users of kCura’s software products and related documentation (“Products”). In addition, you may not: (a) decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web site or the Content; (b) use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users; (c) use any robot, spider, other automatic software or device, or other process to monitor or copy our Web site or the Content; (d) use this Web site to transmit any false, misleading, disparaging, fraudulent or illegal communications; (d) copy, modify, reproduce, republish, distribute, display, or transmit all or any portion of this Web site, except for authorized downloads of Products by parties with valid Product licenses from kCura. You may not use or otherwise export or re-export this Web site or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web site or its Content is prohibited.
3. Interactive Areas
The following terms apply to interactive areas of this Web site (the “Interactive Areas”), which includes, without limitation, “Ideas,” “Answers,” “Help” and “Q&A” sections, and any blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, and other interactive features: a. Postings to be in Your Name. Your Postings shall be accompanied by your real name and email address and shall not be posted anonymously, and we may require that you identify the name of the organization(s) for which you work or are affiliated. Participants in Interactive Areas shall not misrepresent their identity or employer, or their affiliation with any person or entity. b. Postings to be Lawful and Proper. Any Content you provide in Postings must be limited to relevant technical questions and information relating to the Products and other appropriate Third Party Items as described below. Without limiting the generality of the foregoing, you shall not post, publish, upload or distribute any Postings which are unlawful, improper or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, disparaging, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or which would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations or rules of any securities exchange, intentionally or unintentionally. c. Recommending Third Party Items; No Soliciting or Promoting For Gain. Postings should be made on a voluntary, collaborative, basis among fellow colleagues and professionals in the community of Product users without an expectation of economic gain. You may Post your own or recommend other parties’ Third Party Items and their web sites if they contain helpful technical information for users of the Products, so long as you have no economic interest in and receive no direct or indirect benefit from such Posting or recommendations. In no event may any person or organization solicit anyone with information retrieved from this Web site, or distribute on or through this Web site or any Postings, any advertising, promotion, solicitation for goods, services or funds, or solicitation for others to become members of any organization without the express written authorization by kCura. d. Your Obligations for Postings; No kCura Obligation to Monitor Postings. You are required to take reasonable steps to ensure that your Postings (including your own Third Party Items) are accurate and will not contain or cause errors or problems, and to update your Postings when you learn they are inaccurate or may contain or cause errors or problems. kCura has no obligation to monitor or screen Postings and is not responsible for the Content in such Postings or any other content linked to or from such Postings. kCura however reserves the right, in its sole discretion, to permanently revoke any user’s access to any portion of the Web site, to monitor Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and delete or remove Postings, at any time and for any reason or no reason and without notice or permission. e. No Partnerships; No Liability for Third Party Items. The availability of Third Party Items on interactive areas of the website in no way implies or creates any partnership, joint venture, agency, or other relationship between kCura and any Third Party. Third Party Items are provided on this Web site by third parties over which kCura has no control. Third Party Items may also be accessible via links or downloads from this Web site, and may be referred to in other Third Party Items. kCura does not test, verify, or otherwise approve any Third Party Items on this Web site. kCura disclaims all liability for any Third Party Items you may view or download from this Web site or otherwise receive, or any actions you may take or refrain from taking as a result of viewing, downloading or otherwise receiving any Third Party Items. You (and your organization) are solely responsible for verifying the identity, trustworthiness and quality of the third party source and content before downloading any Third Party Items, running virus and security programs as appropriate, and performing tests and pilots before using or deploying Third Party Items. kCura assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or Content of any Third Party Items. kCura shall not be responsible for and assumes no liability for any infringement, defamation, disparagement, falsehood, or any other objectionable material contained in any Third Party Items. You understand that the information and opinions in Third Party Items are neither endorsed by nor does it reflect the belief or opinion of kCura. Further, information and opinions provided by employees and agents of kCura in Interactive Areas are not necessarily endorsed by kCura and do not necessarily represent the beliefs and opinions of kCura. As used herein, “Third Party Items” means any communications, products or other information or items provided by any third party directly or indirectly in connection with this Web site, including but not limited to third party Postings and other Content (which may include software scripts, objects, applications, programs and other items).
4. Intellectual Property Rights, Including Postings and Content
a. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring on you or any third party any license or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, without limitation copyrights or other intellectual property rights. You agree that the Content and Web site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. No part of the design or materials, including text, graphics, images, logos, sound files, software, photographs, and videos, available in any Content on this Web site may be copied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without specific written permission. b. kCura hereby grants to you a limited, revocable, non-exclusive license to use and make derivative works of any kCura Content that is available for download from the Web site (“Downloadable Content”). Downloadable kCura Content may only be used for your own personal and non-commercial use, and may not be redistributed without kCura’s prior express written permission. Under no circumstances shall the limited license contained in this section be construed to transfer any intellectual property rights contained within the Downloadable kCura Content or the Web site. c. Notwithstanding the foregoing, you grant to kCura an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf any ideas, expression of ideas, text, graphics, messages, links, data, information, software scripts, objects, applications, programs and other items you submit (collectively, “Postings”) to this Web site. Said license is without restrictions of any kind and without any payment due from kCura to you or permission or notification, to you or any third party. The license includes the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, execute, perform and sublicense Postings – in any form, medium, or technology now known or hereafter developed. You acknowledge and agree that your submitting Postings to this Web site does not create any new or alter any existing relationship between kCura and you or the party for which you work. By submitting Postings, you acknowledge and agree that kCura may create its own ideas that may be, or may obtain submissions that may be, similar or identical to Postings you submit. You agree that you shall have no recourse against kCura for any alleged or actual infringement or misappropriation of any proprietary or other right in the Postings you provide to kCura. d. You certify and warrant that the Postings: (i) are your original works or that the owner of such works has expressly granted to kCura a perpetual worldwide royalty-free irrevocable, non-exclusive license for said works with all of the rights granted by you in these Terms of Use, and (ii) do not violate and will not violate the rights of any third party including any right of publicity, right of privacy, copyright, patent or other intellectual property right or any proprietary right. e. kCura may display the trademarked names and logos of third parties on the website to the extent authorized to do so. By displaying such items, kCura is not endorsing or recommending such parties’ products or services. Each such party retains ownership of its trademarks and other intellectual property, and any other party that infringes or violates such trademarks or rights is subject to all legal remedies. Without limiting the generality of the foregoing, Apple, the Apple logo and iPad® are trademarks of Apple Inc., registered in the U.S. and other countries. App Store℠ is a service mark of Apple Inc.
5. Responsibility of Contributors
kCura has registered as an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avail itself of the protections under the Act. kCura reserves the right to remove any Content that allegedly infringes another person’s copyright. kCura will terminate, in appropriate circumstances, access to this Web site to repeat infringers of another person’s copyright. Notices to kCura regarding any alleged copyright infringement should be directed to dhejna@kcura.com or via mail or courier to David Hejna, General Counsel, kCura LLC, 231 S. LaSalle Street, Suite 800, Chicago, IL 60604. You are required to include: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
6. Login and Registration
Certain sections of this Web site require you to log-in using valid registration information. If log-in or registration is requested, you agree to provide accurate and complete information. It is your responsibility to inform kCura of any changes to that information. Each log-in registration is for a single individual only, unless specifically permitted otherwise by kCura. kCura does not permit (a) anyone other than you to use the sections requiring registration by using your user name or password; or (b) access, directly or indirectly, through a single name made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify kCura immediately by emailing support@kcura.com.
7. Links
You may provide links to this Web site, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of this Web site, including any terms of use, copyright notice, and other notices on this Web site, (b) you immediately deactivate and discontinue providing links if requested by kCura, and (c) kCura may deactivate any link(s) at its discretion. This Web site, or third parties on the Web site, may provide links to other sites and/or resources over which kCura has no control. You agree that kCura has no responsibility for and no liability for the availability of such external sites or resources, or for the Content, advertising, products or other materials available through such sites or resources.
8. NO PARTNERSHIPS
The parties who are referred to as “Partners” herein or on kCura’s websites are NOT partners of kCura in any legal sense, and instead are only acting as independent contractors in making kCura’s products available to their end customers. NEITHER THE USE OF THE TERM “PARTNERS” NOR THE ACTIONS OF ANY PARTY, NOR ANY STATEMENTS REGARDING “PARTNERS” OR A “PARTNERSHIP” HEREIN OR ON KCURA’S WEB-SITES, IN ITS MARKETING MATERIALS OR OTHER DOCUMENTATION, OR MADE IN ANY COMMUNICATIONS BETWEEN ANY PARTIES SHALL BE INTERPRETED AS CREATING AN ACTUAL OR IMPLIED PARTNERSHIP, JOINT VENTURE, AGENCY OR OTHER RELATIONSHIP.
9. DISCLAIMER
THIS WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. KCURA DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE CONTENT OR POSTINGS WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE. KCURA DOES NOT WARRANT OR REPRESENT THAT THE CONTENT OR POSTINGS AVAILABLE ON OR THROUGH THIS WEBSITE WILL BE CORRECT, ACCURATE, TIMELY, OR OTHERWISE RELIABLE. KCURA MAY MAKE IMPROVEMENTS AND/OR CHANGES TO ITS FEATURES, FUNCTIONALITY OR CONTENT OR POSTINGS AT ANY TIME. KCURA, FOR ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KCURA DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY ITEMS, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE, THE INTERACTIVE AREAS, CONTENT, OR POSTINGS.
10.LIMITATION OF LIABILITY
KCURA AND ITS LICENSORS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM USE OF THIS WEBSITE, THE CONTENT, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY ITEMS. KCURA SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD PARTY ITEMS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, KCURA’S SOLE OBLIGATION FOR DAMAGES TO YOU OR YOUR ORGANIZATION OR ANY OTHER PARTY CLAIMING BY OR THROUGH YOU SHALL BE LIMITED TO $1,000 IN THE AGGREGATE.
11.Indemnification
You in your personal capacity and on behalf of the party for which you work agree to indemnify, defend and hold kCura, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Web site harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by or through you or arising from or related to any Postings uploaded or submitted by you.
12.Third Party Rights
The provisions of paragraphs 8 (Disclaimer), 9 (Limitation of Liability), and 10 (Indemnification) are for the benefit of kCura and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to this Web site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
13. Remedies for Violations
kCura may take legal action against anyone violating these Terms of Use, may refer the matter to the appropriate authorities for prosecution. kCura may also block access from a particular internet address to this Web site and any other kCura web sites and their features. Without limiting the generality of the foregoing, kCura’s Products are protected by the United States Copyright Act of 1976, 17 U.S.C. Section 101 et seq., as amended, violations of which can be subject to civil damages of as much as $150,000 per violation, and criminal penalties, including fines and possible imprisonment. Unauthorized access and other actions respecting kCura’s Products may also violate the United States Computer Fraud and Abuse Act, 18 U.S.C. Section 1030 et seq., as amended, violations of which can be subject to civil damages and criminal penalties.
14. Governing Law and Jurisdiction
These Terms of Use are governed by and construed in accordance with the laws of the State of Illinois and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Chicago, Illinois and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
15. Privacy
Your use of this Web Site is subject to kCura’s Privacy Policy. Your use of https://devhelp.relativity.com/ is subject to Discourse Hosting’s Privacy Policy.
16. Severability of Provisions
These Terms of Use incorporate by reference any notices contained on this Web Site, the Privacy Policy and the kCura License and constitute the entire agreement with respect to access to and use of this Web Site, the Interactive Areas, and the Content and Postings. If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with the kCura License then that provision shall be deemed severable from the remaining provisions.
17. Modifications to Terms of Use
kCura reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued access to this Web Site after any such changes constitutes your consent to such changes.