Esquify, Inc. (“Esquify”) provides a platform
in which Esquify is able to enable reviewer consultants (“Reviewer” or “you”
(if applicable)) to undertake document review related services for companies
(“Company” or “you” (if applicable)) and Esquify provides unique monitoring
software in connection with such engagement (the “Services”). The Esquify
website, www.esquify.com (the "Site") also provides a forum for you
to obtain as well as provide certain information about document review
projects, and have access to tools that allow you to create, share or exchange
information, ideas, pictures, videos or any news relating to the industry.
By signing up for Esquify
you are requesting that Esquify consider your eligibility to (a) be a Reviewer
or (b) be a Company/client representative to whom Esquify provides document
review and related services, and you agree to be bound to the terms of this
Agreement, including all agreements incorporated herein by reference.
You acknowledge and agree
You have read and accepted the Terms
of Use, the terms of which are incorporated herein by reference. By
accept the terms thereof.
You have read and accepted the Privacy
Policy, the terms of which are incorporated herein by reference. By
and accept the terms thereof.
You agree not to use the Services for any unlawful or improper purpose
and not in any manner to harass, abuse, stalk, threaten, defame or otherwise
infringe or violate the rights of any other party, and that Esquify is not in
any way responsible for any such unlawful use by you, nor for any harassing,
threatening, defamatory, offensive, infringing or illegal messages or
transmissions that you may receive as a result of using any of the Services.
Esquify may, at its discretion, allow you and other users to submit your
content to the Site for viewing and access by other users. By making your
content accessible to other users (as individuals and as a group), you agree in
perpetuity to allow any users, free of charge and for personal use: (a) to view
your content on or through the Site and other electronic communication media
(e.g. mobile phones) for the entire period in which your content is hosted on
the Site; and (b) to download and view your content on other media. If you wish
to use another user's content for any other purpose, in particular for
commercial use, you are responsible for obtaining the necessary advance
addition, you authorize Esquify to reproduce and display your content via the
features that enable the Site to be accessed both on the Internet and through
other electronic communication media, and to adjust your content's format as
necessary for the purposes of reproduction and display. Please note that due to
the nature of the Internet and digital media, data transmitted - including your
content - cannot be protected against the risks of misappropriation and/or
piracy, for which Esquify shall not be liable. You are responsible for taking
all appropriate steps to protect your content, where applicable.
may include bulletin boards, blogs, chat rooms and other pages that allow you
and other users to post and share information and materials, provide feedback
or comments to Esquify, and interact in real-time with other users or the Site.
You agree that Esquify and its licensees may reproduce, distribute, publish,
display, edit, modify, create derivative works and compilations and otherwise
use all information, text, messages, photographs, videos, member or display
name and other materials posted by you ("Submitted Content") for any
purpose in any form and on any media. By using the Site, you grant Esquify a
perpetual, non-exclusive, irrevocable, worldwide, royalty-free sublicensable
license and right (but not the obligation) to use, copy, modify, display,
distribute, download, store, transmit, reproduce and create derivative works
and compilations of your Submitted Content, in whole or in part, and to
display, perform, distribute and transmit the same in any form and on any
media, including but not limited via the features that enable the Site to be
accessed both on the Internet and through any other electronic communication
media or technology, now known or later developed, and to adjust the format or
Your Submitted Content as necessary for the purposes of reproduction, display,
transmission and promotion of Esquify, its events, shows and websites. Esquify
may, but is not required to, store and use your Submitted content indefinitely.
By providing information to Esquify via this
website or otherwise communicating information to us you are not
establishing an attorney-client relationship and the information you provide to
us will not be afforded legal protection as an attorney-client communication.
submitting information, you agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Site's registration form;
and (b) maintain and promptly update the Submitted Content to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Esquify has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete,
Esquify has the right to suspend or terminate your account and refuse any and
all current or future use of the Site (or any portion thereof). You agree you
will not post, transmit, store or upload any material to the Site that (i) is
unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful,
harassing or obscene, (ii) disrupts or interferes with the normal operations of
the Site such as making an abnormally large posting, continuous posting of
repetitive materials or posting or transmitting viruses, or (iii) is otherwise
not authorized by Esquify such as unauthorized advertising materials,
unsolicited promotional materials, "junk mail," "spam
mail," "chain letters," pyramid schemes, franchises,
distributorship, sales arrangement, or otherwise unacceptable materials.
event Esquify receives notification regarding any unacceptable Submitted
Content, Esquify may investigate such materials, in its sole discretion.
acknowledge and agree that Esquify may retain copies of your Submitted Content
and disclose your Submitted Content to a third party if Esquify believes that
it is necessary to: (i) protect the integrity of the Site; (ii) protect rights
of Esquify; (iii) comply with any court order; (iv) comply with any legal
proceedings; (v) assert Esquify’s claim under this Agreement, including the Terms
of Use; and (vi) satisfy any claims regarding violations of third party's
rights, perform payroll, tax and other business related functions.
personal information you transmit solely to Esquify (e.g., your name, address, telephone
number, e-mail address, etc. submitted in the personal application form and not
posted on a public forum) by electronic mail or otherwise will be used by Esquify
solely for the purpose for which you have provided it and as set forth in the
ENGAGEMENTS AND LIMITATIONS ON LIABILITY
You understand and agree
that Esquify. (a) does not warrant that you will receive any document review
engagements or job offers through the Site; (b) shall not be responsible for
any engagement offers, engagement screenings, engagement decisions, and any
actual engagements presented by third parties; (c) does not guarantee the
accuracy, completeness, validity, or timeliness of information listed by any
third parties; (d) shall not be responsible for any materials posted by third
parties, including, but not limited to, job openings and employment listings;
and (e) is neither your employer nor your agent in any regard. You shall use
your own judgment, caution, and common sense in evaluating any prospective
engagement and any information provided by any third party. A Reviewer’s
assignment to, or removal from, a case by Esquify is at Esquify’s sole
discretion, and Esquify is under no obligation to provide any reason.
acknowledge that Esquify is not engaged in the practice of law and is not
authorized to practice law or provide legal services. The services offered by
Esquify and the Reviewers are limited to the non-legal, administrative aspects
of legal staffing, document review and discovery projects, and you agree to
release and hold Esquify harmless for any services rendered by Reviewers beyond
such scope of services.
Esquify is not responsible for the information provided or
product produced by any Reviewer. Company agrees not to hold Esquify
responsible for (a) the information or services provided or product produced by
any Reviewer or (b) any Reviewer’s misconduct or breach of this Agreement, and Company
hereby releases Esquify from any and all claims arising in connection
therewith. Esquify is not responsible for the information provided by any Company.
Reviewer agrees not to hold Esquify responsible for (a) the information
provided by any Company or (b) any Company’s misconduct or breach of this
Agreement, and Reviewer hereby releases Esquify from any and all claims arising
in connection therewith.
Reviewer Eligibility and Additional
To be considered for selection as a Reviewer, you must be (a) a
United States citizen and (b) an attorney, duly authorized to practice law and
in good standing or, in Esquify’s sole discretion and subject to verification
of qualifications, a paralegal. By applying to be approved as a Reviewer, you
are representing that you satisfy such criteria. Esquify does not discriminate
based on race, religion, gender, age, sexuality, gender identification, or
Esquify may require any other information or qualifications it
deems appropriate, in its sole discretion, for you to be eligible for
assignment to a case, such as, requiring up to date attorney bar information.
Upon a document review engagement for Reviewer through Esquify, Reviewer
will be required to (a) have a completed profile and submit a valid completed
W-9, (b) enter into the Contract Consulting Agreement and (c) download the Virtual
eDicovery Reviewer Community- VERC Reviewer Application (VERC APP), prior to commencing any document review services
for a Company. A Reviewer also will need to have an active email account and a
working computer, which you agree to use to perform reviews, with updated
software, virus and security features, and internet access. Reviewers may only
log in to perform reviews within the United States. Reviewers will be
personally responsible for preserving confidentiality of documents, passwords,
and information relating to a case.
Company will be required to enter into a Document Review
Engagement Agreement with Esquify prior to any Reviewer commencing document
You agree to indemnify, defend, and hold Esquify, its
shareholders, subsidiaries, affiliates, officers, directors, agents,
representatives, and employees, harmless from any claims or demands of any
third party, including, but not limited to, attorneys' fees, legal fees and
costs, resulting from or arising out of your Use of the Site, your Submitted
Information, or your violation of any terms of this Agreement or the Terms of
Use document, including, without limitation, damages for your improper use of
information or breach of confidentiality regarding any confidential information
you obtain from Use of the Site, a case review assignment or any other services
or products provided by Esquify. Esquify takes confidentiality very seriously
and Esquify intends to fully pursue any and all remedies in the event you
breach your confidentiality obligations.
This Agreement is governed by the laws of the State of Delaware,
United States of America, without giving effect to any principles of conflict
By clicking “Agreed” you are
acknowledging that you have read and accept the terms of this
contact us by e-mail at firstname.lastname@example.org.
Copyright 2015 © Esquify, Inc.
All rights reserved.
Last Updated September 1, 2015