Last Revision Date: May 1, 2019
This website, including all of its features and content ("Website"), is made available by KLDiscovery Ontrack, LLC (hereafter known as “KLDiscovery”) and is subject to this Terms of Use Agreement ("Agreement").
KLDiscovery is a group of companies specializing in electronic discovery and data recovery solutions and operates through group companies across the world.
This Agreement is a contractual agreement between you ("you," "your") and KLDiscovery regarding your use of this Website. You should print a copy of this Agreement for your records. This Agreement shall not apply to any services provided to You by KLDiscovery which shall be provided according to the written agreement for the applicable services.
DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE WITH THESE TERMS
KLDiscovery reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement, or to change or delete any features of this Website, at any time, with or without prior notice to You. Such modifications, alterations, and updates of this Agreement shall be effective immediately upon posting upon the Website. You agree to be bound by such modified, altered and updated terms if You access or use this Website after KLDiscovery has posted notice of modifications, alterations or updates. If you do not agree with any of the modified, altered or updated terms, then You should not use this Website after such modifications, alterations or updates have been posted.
This Website may permit You to link to other websites that may or may not be affiliated with this Website and/or with KLDiscovery. These other linked websites, including the websites of KLDiscovery's group companies, as well as the websites of KLDiscovery's third party service providers, or partners (collectively "Third Parties") may have different terms of use that are not the same as in this Agreement. Your access to and use of such linked websites through links provided on this Website are not governed by this Agreement, but instead are governed by the terms of use and policies of those websites, and KLDiscovery disclaims any and all responsibility for your access to and use of such linked websites.
USE OF THIS WEBSITE AND INTELLECTUAL PROPERTY RIGHTS
KLDiscovery controls and operates this Website. All content on this Website, including, but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips, and video clips, is the property of KLDiscovery or its Third Parties, and is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by and subject to United States and international copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The content is owned and controlled by KLDiscovery, its group entities, or the Third Parties that have licensed or otherwise made available their content or the right to market their products and/or services to KLDiscovery.
You may not use any registered or unregistered trade marks, service marks, copyrighted materials or other proprietary information or intellectual property appearing on this Website, including, but not limited to, any logos, images or characters, meta tags or similar code, or hidden text or elements containing such information or property, without the express written consent of the owner of the trade mark or copyright. You may not frame any trade marks, service marks, copyrights, logos, images, text, or other proprietary information or intellectual property of KLDiscovery, or otherwise incorporate into another website any of the content or other materials on this Website, without KLDiscovery's express prior written consent. You may not deep link to any page or portion of this Website without KLDiscovery's prior written consent.
Violation of trade mark and copyright laws ("Infringement") may result in significant civil liability or criminal penalties under United States and/or international copyright and trade mark laws. You recognize that any reproduction or use of content, copyrights, trade marks, service marks, or other intellectual property on this Website, except as authorized by this Agreement, is considered intentional Infringement.
YOUR RESPONSIBILITIES
You warrant and represent to KLDiscovery that you will not use this Website for any purpose that is unlawful, illegal or prohibited by this Agreement, including, without limitation, engaging in any of the Prohibited Activities set out below, together with the sending, posting, transmitting, displaying, distributing, or knowingly receiving of or searching for any threatening, harassing, libelous, defamatory, obscene, scandalous, inflammatory, sexually oriented, pornographic, or profane material, content or images, or other images, content or messages that might be considered lewd, lascivious, excessively violent or otherwise offensive. If you violate any of these responsibilities, KLDiscovery may immediately terminate Your access to this Website. KLDiscovery, at its sole discretion, retains the right to deny access to this Website to anyone for any reason, including for violation of this Agreement.
You agree that any information that you provide will be true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete (or KLDiscovery has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete), KLDiscovery has the right to suspend or terminate your access and activity relating to, and to refuse any and all current or future use of, this Website.
PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Website, and you agree not to use or permit others to use this Website, without limitation, for any of the following:
(a) take any action that imposes an unreasonable or disproportionately large load on, or waste of valuable time for, the Website's infrastructure or resources, including, but not limited to, sending or promoting the distribution of "spam," "junk mail," chain letters, or other such unsolicited or unlawful mass e-mailing techniques;
(b) disclose to, or share with, any unauthorized third parties the ID's, assigned confirmation numbers and/or passwords, or use the ID's, assigned confirmation numbers and/or passwords for any unauthorized purpose, or otherwise allow or facilitate others to gain access to KLDiscovery's information technology systems, environments, networks, files, data or accounts through the use of the ID's, assigned confirmation numbers and/or passwords;
(c) access or attempt to access KLDiscovery's information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained (including access to data not intended for You), or log into a server or account that you are not authorized to access;
(d) attempt to decipher, decompile, disassemble, modify, remove or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Website;
(e) interfere with, disrupt, disable or damage (or attempt to interfere with, disrupt, disable or damage), in an unauthorized manner, the use or operation of this Website or KLDiscovery's, its affiliated or related entities' or the Third Party's systems, equipment or applications, or service to any user, host, or network, including by use of any programs, scripts, commands, viruses, worms, web bugs, harmful code, Trojan horses, other contaminants, or otherwise. This includes "denial of service" attacks, "flooding" of networks, deliberate attempts to overload a service or to burden excessively a service's resources, attempts to "crash" a host, and/or modifying or rerouting any content or services provided at this Website;
(f) attempt to circumvent or subvert system or network security (i.e., authentication) mechanisms, or probe the security of any system, network, or account, associated or used in conjunction with this Website;
(g) upload, post, e-mail or otherwise transmit any information, content, or proprietary rights that you do not have a right to transmit under this Agreement, any law or other contractual or fiduciary relationships; and/or
(h) use any robot, spider, intelligent agent, meta-searching, other automatic device, or manual process to search, monitor or copy KLDiscovery's Website pages or the content.
WARRANTIES
All content, products and services on this Website, unless otherwise expressly stated in writing by KLDiscovery, are provided "as is" and without warranties of any kind, either express or implied, other than those warranties which, under U.S or other jurisdictional laws, are implied by law and are incapable of exclusion, restriction, or modification. KLDiscovery disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
No company within the KLDiscovery group of companies, nor the Third Parties, nor any person involved in the creation, production, hosting and/or distribution of this Website, warrant that the functions, features or services contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components. The content that You access on this Website is provided solely for Your convenience and information. KLDiscovery does not warrant or make any representations regarding the results that may be obtained from the use of this Website, or as to the reliability, accuracy or currency of any content, service, and/or merchandise provided or acquired pursuant to Your use of this Website.
Your use of this Website is at your own risk. You assume the entire cost of all necessary servicing (including, without limitation, your internet connection) and repair or correction of your computer, network and/or system.
LIMITATION OF LIABILITY
In no event shall KLDiscovery, nor any of its group companies or their respective officers, directors, employees or agents, or any person or entity involved in the creation, production, distribution and hosting of this Website, be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, of any kind, whether arising under contract, warranty, or tort (including negligence) or any other theory of liability, regardless of whether KLDiscovery (or its group companies) knew or should have known of the possibility of such damages, including, without limitation, from the use or attempted use of this Website or any other linked site. The maximum liability of KLDiscovery arising from any liability pursuant to Your use of this Website shall be limited to $10,000.
GOVERNING LAW AND JURISDICTION
By accessing this Website, you agree that this Agreement and your use of the Website shall be governed in all respect by the laws of the State of Virginia, without regard to any conflict of laws provisions, and shall not be governed by the United Nations Convention on the International Sale of Goods. You further agree to submit to the exclusive jurisdiction and venue in the state and federal courts located in the State of Virginia for all disputes, cases and controversies regarding this Website, Your use of this Website, and any matter arising out of or related to this Agreement.
INDEMNIFICATION
You agree to indemnify, defend and hold KLDiscovery, its group companies and their officers, directors, employees, affiliated or related entities, Third Parties, agents, licensors, and suppliers, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of this Website, your breach of any provision of this Agreement and/or any negligent acts, omissions or intentional wrongdoing by you.
NO LEGAL ADVICE
The information provided on this Website is neither designed nor intended to provide legal or other professional advice but is intended merely to be a starting point for research on the subject of legal technology. While every attempt has been made to ensure accuracy of this information, no responsibility can be accepted for errors or omissions.
GENERAL PROVISIONS
KLDiscovery's failure to act with respect to a breach by You or others does not waive KLDiscovery's right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. You and KLDiscovery are dealing at arms' length, creating a commercial relationship. KLDiscovery is not your agent, representative or fiduciary. The provisions and conditions of this Agreement, and each obligation referenced herein, represent the entire Agreement between KLDiscovery (including the Third Parties), its group companies and You, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between this Agreement and any future published terms of use or understanding, the last published Agreement shall prevail.
ACCOUNT CREATION
In order for You to use certain services or software on this Website or to request information, you may be required to open an account for the purposes of creating a user name and password or disclose other information to Us. In order to do so, You must complete the registration process by providing current, complete and accurate information as requested. You are also responsible for creating and securing an account name and password. You are entirely responsible for maintaining the confidentiality of your password and account and remain entirely responsible for any and all activities that occur under Your account, including charges incurred. KLDiscovery will not be liable for any loss that You may incur as a result of someone else using your password or account, either with or without your knowledge.
PRIVACY
Personal Information that you may submit or provide to KLDiscovery through this Website is subject to KLDiscovery's Privacy Policy, which can be found at http://www.KLDiscovery.com/privacy and is incorporated into this Agreement. In addition, by using this Website you expressly consent to KLDiscovery collecting Personal Information and other information about you, as more fully described in KLDiscovery's Privacy Policy.