YOUR USER AGREEMENT WITH LIVE CLOUD DEPOSITIONS, LLC
- Parties to This Contract.
- Pricing and Payment for Services.
- Services of LiveLitigation.
- Registration, User ID, User Account; Security; and Password.
- Communications Channels, Bandwidth and Communications Content; Security.
- Interstate and International Use.
- Effective Date.
- Amended Terms and Conditions.
- Termination of This Agreement.
- Your User's Information; Your Information.
- Information We Receive, Switch and Transmit.
- IP Addresses Received and Recorded.
- LiveLitigation Is Not Obliged to Verify User Names, Email Addresses or Identities.
- Contents Of User and Participant Communications Are Transitory in Limited Participation Sessions; Control Person’s Choice to Record or Not; No Long-term Archival Storage.
- User-Implemented Encryption or Other Special Security Issues of Users.
- LiveLitigation Public Rooms; Public Video, Text Chat Rooms and Billboards.
- License Granted By You to Us for Content Transmitted by You to Public Areas.
- License Granted by Us to You for Use of Our Public Rooms.
- Content May Be Offensive.
- Adult or Mature Content; No Access To or Targeting of Children.
- You Warrant Your Authority for Use of Your Information.
- License of Your User Information from You to Us.
- Your Editing and Deletion of Your User Information.
- Archival Retention of Your Information.
- Prohibited and Restricted Actions.
- Restricted Commercial Activities.
- Aiding, Abetting and Contributing to Unlawful Activity.
- LiveLitigation Copyrights.
- LiveLitigation Trademarks.
- Copyright and Other Intellectual Property; Notice of Claims of Infringement.
- DISCLAIMER OF WARRANTIES.
- LIMITATIONS AND EXCLUSIONS OF DAMAGES
- PROVISIONS OF GENERAL APPLICATION
- Injunctive Relief
1. Parties to This Contract.
Live Cloud Depositions, LLC, a California limited liability company, is the party with whom you are contracting. Live Cloud Depositions, LLC sometimes is referred to as "we" or "us" or "our” or “LiveLitigation” in this Agreement, except as is otherwise expressly stated in particular sections. LiveLitigation is service marks, trademarks and trade names of Live Cloud Depositions, LLC.
"You" means any person who uses the LiveLitigation web site or any of the Services of LiveLitigation. We employ the word “User” to apply to anyone who accesses or otherwise utilizes the Products or Services, including without limitation a “Control Person”, “Host”, administrator, “Moderator”, "User", “Attendee”, “invitee”, Stream Manager, stenographer, videographer, and "participant" (in a Hosted Session) or a "visitor" (to a web site or page), as the particular case may be. In general, you may contract with us by clicking on-screen “I agree” or words of similar import when you seek to access or use Products or Services of LiveLitigation and this license agreement is presented for your acceptance. The scope of your rights and duties under this agreement depend upon the particular status for which you have contracted with us. You agree that this is an agreement between independent contractors, and it is not a joint venture, partnership, employer-employee, agent-principal, or franchisor-franchisee relationship. Neither you nor Live Cloud Depositions, LLC is authorized to bind the other to any contract. This agreement governs only the use of LiveLitigation products and services and it does not give us any managerial or regulatory authority over the conduct of your business, your products or your services. You and we agree that this agreement shall be construed and limited such that it is not a franchise, you are not a franchisee, and LiveLitigation is not a franchisor.
“Your Users” mean persons that You, by use of Your license and access, authorize or enable to use the Services of LiveLitigation, even if any such person has misappropriated or otherwise misused Your Communications Channels and Bandwidth (as defined in Section 5.1 below) or Your User ID or Your password or the ID or password of any of Your employees, agents, guests, invitees or participants.
An “Administrator” is a person to whom you have given broad authority and the top level power to grant access to Hosts, Moderators, Stream Managers, and Attendees under LiveLitigation products. Generally, the Administrator will grant such powers via a User ID and password and will delegate discretionary powers of varying degrees under the LiveLitigation products. An Administrator can exercise directly the subordinate powers of Host, Moderator, Stream Manager, and Attendee.
An “Attendee” is a person empowered by an Administrator or a Host to enter into and participate in a LiveLitigation event, either under eSuite streaming on the internet, or under StenoDirect/LocalRealtime operating on your Local Area Network. An Attendee must provide an email address to receive an invitation through eSuite or must enable the Attendee’s device to join a LAN using LocalRealtime.
A “Control Person” means any Administrator, Host, Moderator or Stream Manager.
A “Host” is a person whom an Administrator has empowered to schedule, create, edit, and delete events within the LiveLitigation product. To enable Attendees to join a LiveLitigation event, a Host is empowered to issue to each prospective Attendee an invitation with a hyperlink that has an embedded “Key” which enables an Attendee to access a Live Deposition event by clicking on the hyperlink. A Host can control and terminate access by Attendees.
A “Key” is a computer-readable, security code which grants access to a particular LiveLitigation event. There generally will be multiple, partially unique Keys to a particular event which grant varying degrees of access and control over the event. A unique User ID and password will be associated with each Key to a particular LiveLitigation event. Thus, any Control Person can identify the User IDs that are active in a particular LiveLitigation event.
A “Moderator” is a person an Administrator has empowered to view or join into a LiveLitigation event without an invitation from a Host. A Moderator can access and view all User IDs associated with Keys to a particular LiveLitigation event and thus can determine what User IDs are authorized and which authorized User IDs are active in the event. A Moderator can act as a Host or Stream Manager.
A “Stream Manager” is a person who has been given an invitation with a hyperlink and a non-embedded Key which the Stream Manager must manually input to access a LiveLitigation event. A Stream Manager can access and view all User Ids associated with Keys to a LiveLitigation event to which that Stream Manager has been granted access by a Host or Administrator.
These definitions of various roles under the LiveLitigation products are descriptive only. The precise powers associated with the various roles are defined by the proprietary software computer code of the various LiveLitigation products, which controls over these descriptions. Please refer to the training materials and the internal instructions within the particular products for their use and operation. LiveLitigation products routinely are reviewed, adjusted and upgraded such that the precise powers associated with particular roles will change from time to time.
2. Pricing and Payment for Services.
Pricing and payment terms and conditions for use of LiveLitigation and the Services may be amended from time to time. LiveLitigation Services are licensed not sold.
3. Services of LiveLitigation.
This Agreement states the terms and conditions upon which services are offered to you at the Internet domain LiveLitigation, and its sub-domains (collectively the "Services"). These services include but are not limited to: the web site, meeting rooms, use of LiveLitigation ‘Exhibit Sharing’, ‘Video Conferencing’, ‘eSuite’, ‘LocalRealtime’, ’ StenoDirect’, ‘StenoDirectPlus’, ‘Dashboard’, or other product or service. Services are governed by this Agreement whether the particular service or use is free or is paid by you or by someone else. LiveLitigation may be linked to other websites owned and controlled by Live Cloud Depositions, LLC, or to its affiliates.
This Agreement and these Terms of Service may be amended from time to time by LiveLitigation by posting the amended terms at http://www.LiveDeposition.com/eula.html and such amended terms shall take effect for transactions conducted by You and Your Users after such posting.
3.1. Use of the StenoDirectPlus/LocalRealtime product on Your Computer Servers and LAN.
The LiveLitigation “StenoDirectPlus/LocalRealtime” product is designed to enable You to make limited utilization of LiveLitigation computer services for account setup, maintenance, conference initiation, User/Host verification and reporting, payment, and related administrative functions, but where the principal communications of You and Your Users employ "Your Communications Channels and Bandwidth". The StenoDirectPlus/LocalRealtime product is designed to operate on a local area network (“LAN”) via a router and computer server that you own, lease, or otherwise control. This product enables you to distribute data via wired or wireless connections from your LAN to your users’ computing devices, such as desktop, laptop or mobile computing devices. The StenoDirectPlus/LocalRealtime products do not stream video and audio. You must obtain a separate, written license in addition or supplemental to this Agreement to install, administer, and use the StenoDirectPlus/LocalRealtime product on computer servers that you own, lease, or otherwise control. If we have granted you such an additional or supplemental written license for StenoDirectPlus/LocalRealtime, then, as is provided in Sections 10, 11 and 12 below, Your Users are limited, non-exclusive, sub-licensees acting under this license, but Your Users shall be restricted solely to end-user status. You do not have any power or authority to otherwise assign, transfer or sub-license your StenoDirectPlus/LocalRealtime status and any attempt to do so shall be void.
3.2. You are required to obtain consent to Our Terms of Service from Your Users.
When you enable connections by Your Users to any LiveLitigation product you shall affirmatively require that Your Users initially expressly give written assent to a written Terms of Service Agreement between You and Your Users ("Your TOS"), which includes but is not limited to privacy and security controls and disclosures, that comply with all the requirements of applicable law to ensure that You and Your Users do not make unlawful use of LiveLitigation’s Products and Services. Your TOS also must require your users to acknowledge and accept the terms, limitations, waivers and indemnities upon which your license to use LiveLitigation products and services is conditioned in this Agreement. You can comply with this requirement by requiring Your Users to click or otherwise give written acknowledgement of consent to this Agreement or its equivalent.
4. Registration, User ID, User Account; Security; and Password.
You must register and obtain a LiveLitigation User Identification ("User ID") and select a password to use the Services of LiveLitigation. When registering you must provide us with a valid user identity and a valid, functional email address for providing notices and communications to you concerning this Agreement, transactions with LiveLitigation and the Services. You are responsible for the accuracy and completeness of the information which you and Your Users provide to LiveLitigation in your registration and your use of LiveLitigation and the Services. You agree that you shall provide a valid, lawful identity in your registration and that you shall not impersonate any other person, nor suffer anyone else to do so. You agree that you will promptly correct any errors in registration information of your and Your Users and will promptly update registration information when it changes. If you do not have authority to supply information which is required either for registration or for a particular use of LiveLitigation or the Services, then do not register or do not engage in the particular use of LiveLitigation or the Services for which you lack such authority.
Control Persons in the eSuite Product: A person must be registered, obtain a LiveLitigation User Identification ("User ID") and a password for that person to become a Control Person. When registering a person to be a Control Person, You or Your User must provide us with a valid user identity for that person (which may be an email address). You must also provide us with at least one valid, functional email address for providing notices and communications to you concerning this Agreement and transactions with LiveLitigation and the Services.
Unauthorized Users: If a person makes unauthorized use of LiveLitigation, or the Products or Services (“Unauthorized User”) then that person will be bound by the limitations and waivers of these Terms of Service, even though that person lacks authority, but that person does not acquire any rights or privileges under these Terms of Services or otherwise. If an Unauthorized User uses LiveLitigation via Your use of LiveLitigation Products and Services then You are responsible for that unauthorized use. LiveLitigation reserves all of its rights and remedies, jointly and severally against You and the Unauthorized User, and the employers, agents, and affiliates of You and the Unauthorized User to the full extent permitted by law for such unauthorized use.
5.1. "Your Communications Channels and Bandwidth"
“Your Communications Channels and Bandwidth” shall mean:
(i) Communication channels and communications bandwidth that You or Your Users provide for Yourself and Your Users on any computer(s) and/or computer server(s) owned or controlled by You, Your Users and your contractors and
(ii) The communications channels and bandwidth of third parties that You and Your Users employ. “Your Communications Channels and Bandwidth” do not include LiveLitigation Communications Channels and Bandwidth and that of LiveLitigation’s computer-server contractors when acting in that capacity.
5.2. Security by You and Your Users. "
You and Your Users shall have sole and exclusive responsibility for the security and privacy of Your Communications Channels and Bandwidth and of information passing through, resident therein, or removed therefrom. You, Your Users, Your Control Persons, Attendees and any invitees or other participants enabled by you shall be responsible for implementing and maintaining the security of User IDs, passwords, Keys and account designations registered with LiveLitigation while such information is in the possession or control of You and them, including without limitation, during transit or residence in Your Communications Channels and Bandwidth. You are entirely responsible for activities conducted, and errors and omissions, by You and by Your Users, including preservation and protection of the confidentiality of the User IDs, passwords, and account information of You and Your Users while in the possession or control of You and Your Users. You are entirely responsible for communications content transmitted via your use of LiveLitigation’s products or services. You agree (a) that you and your Users, shall make certain to fully exit from accounts at the end of each session, and (b) that You and Your Users shall immediately notify LiveLitigation in writing (which may be by confirmed email to admin@LiveLitigation.com) if there is any unauthorized use of an account or password or other security breach. LiveLitigation and Live Cloud Deposition, LLC, and its employees, agents, affiliates and contractors shall not be liable for any cost, loss, damage, liability or claim which arises or is alleged to arise from failure to comply with this section.
5.3. “LiveLitigation Communications Channels and Bandwidth”
“LiveLitigation Communications Channels and Bandwidth” means communications channels and bandwidth for data solely during the time that data is passing through or stored within the computer servers physically controlled by LiveLitigation's computer-server contractors and subcontractors.
5.4. Security by LiveLitigation.
LiveLitigation shall be responsible only for the physical security and internal network security of computers controlled by LiveLitigation’s computer-server contractors. LiveLitigation’s responsibilities shall be strictly limited to implementing the physical and internal network security of computers physically controlled by LiveLitigation’s computer-server contractors. LiveLitigation shall have no responsibility whatsoever:
(i) For physical and network security of computers of You and Your Users, or
(ii) For any computers not physically controlled by LiveLitigation’s computer-server contractors, or
(iii) For communication content that You and Your Users (including Unauthorized Users) transmit without effective encryption via any LiveLitigation products and services. You acknowledge that LiveLitigation has no ability and no duty to monitor or control the security which You, Your Users, Hosts, Administrators, Moderators, Stream Managers, Attendees, participants, invitees and Unauthorized Users employ with respect to your and their USER IDs, passwords, Keys, account designations and communications content when that information is outside LiveLitigation Communications Channels and Bandwidth, or when You or Your Users transmit unencrypted communications content. You agree that you shall immediately notify LiveLitigation in writing (which may be by confirmed email to admin@LiveLitigation.com) if there is any unauthorized use of a User ID, account designation, or password of You or of any of Your Users or any other security breach (even if such breach is or may be a breach in LiveLitigation Communications and Bandwidth). LiveLitigation shall not be liable for any cost, loss, damage or liability which arises or is alleged to arise from Your failure to comply with this section.
5.5. "Your Communications Content"
"Your Communications Content" is the content and form of any information that you or Your Users post, communicate, transmit, or direct to each other or to any third party in any manner through the use of LiveLitigation, or the Products or the Services, or the LiveLitigation Internet domain, or any sub domain, or any linked domain that is owned, controlled or operated by Live Cloud Depositions, LLC. You are solely responsible for the accuracy, lawfulness, risks and use of the content of Your Communications Content.
5.6. “Your Correspondents' Communications Content”
"Your Correspondents' Communications Content" means the content and form of any information that you or Your Users receive, access, take or otherwise obtain that originated from, was sent from, or was posted by any third party in any manner through LiveLitigation, the LiveLitigation Products or Services, or the LiveLitigation Internet domain, or any sub domain, or any linked domain that is owned, controlled or operated by Live Cloud Depositions, LLC. You and your correspondents are solely responsible for the accuracy, lawfulness, risks and use of the content of Your Correspondents' Communications.
5.7. Monitoring, Modification, Deletion.
LiveLitigation generally does not monitor, select or modify Your Communications Content or Your Correspondents' Communications Content, but does reserve the right to delete or refuse to transmit matter as it deems necessary to comply with applicable law. LiveLitigation technicians may join a session to assist a participant, for quality control or for product improvement.
5.8. Security and Encryption of Communications Content of You and Your Users.
You and Your Users shall be solely and exclusively responsible, and LiveLitigation's contractors shall have absolutely no responsibility, for the content of communications which is transmitted via Your use of LiveLitigation and other LiveLitigation Products and Services through computers employed by You and Your Users (“Communications Content of You and Your Users” or “Your Communications Content”).
If You or Your Users wish to keep the content of communications secure, then You or Your Users must encrypt such information, and maintain the security of encryption codes and keys, independently of Live Deposition. This is because Live Deposition does not control the security of Your Communications Channels and Bandwidth or the channels and bandwidth of third parties that may be used in transmissions to and from LiveLitigation Communications Channels and Bandwidth. You acknowledge that transmission of information on the internet inherently is not wholly secure. If You or Your User transmits unencrypted communications content, then as between LiveLitigation and You and Your Users there shall be a presumption affecting the burden of producing evidence that such communications content was not confidential. You agree that Live Deposition and its computer-server contractors are not insurers or guarantors of the confidentiality and security of the communications content, USER IDs, and passwords of You and Your Users. You acknowledge that You and Your Users can purchase insurance to insure against breaches of data security and confidentiality. You acknowledge and agree on behalf of yourself and Your Users that Live Deposition need not undertake any burden of proving where in the chain of possession and transmission a breach of the confidentiality or security of Your Communications Content occurred. You agree that if You or Your User claims that a breach of the security or confidentiality of Your Communications Content occurred in LiveLitigation Communications Channels and Bandwidth or occurred during LiveLitigation recording and storage, then You and Your User must bear the burden of proving such claim by clear and convincing evidence.
If you desire a higher level of confidentiality of Communications Content of You and Your Users, then you must obtain a separate written commitment to such higher level of confidentiality in a writing signed by an LLC manager of Live Cloud Depositions, LLC.
5.9. Recording and Storage by LiveLitigation.
Live Deposition does not undertake to routinely record and store any communications content of You and Your Users except in a writing signed by an authorized Live Deposition officer which states the terms and conditions and limitations for such recordation and storage.
Uploaded Files. LiveLitigation may provide the capacity to upload and temporarily store electronic files or documents for use in LiveLitigation events, but we do not provide permanent, or archival storage. You and Your Users must make provisions, independently of LiveLitigation, for longer term and archival storage of original documents and files (for example, and without limitation, deposition exhibits and transcripts). We reserve the right and power to automatically or manually delete such uploaded materials after a period of time which may be as little as forty eight hours after recording. It is the responsibility of You and Your Users to promptly download any such stored documents and files for any desired preservation.
Streaming Content. LiveLitigation reserves the right to offer recording and temporary storage of streaming Communications Content, such as, for example, live depositions or conferences. You can only obtain such recording and temporary storage of streaming content in a writing signed by an authorized Live Deposition officer which states the terms and conditions and limitations for such recordation and storage and you must make separate provisions for longer term and archival storage of such recorded streaming Communications Content. Such writing may be an addendum to this Agreement.
Limitations, Waivers and Indemnities. Uploading, recording and storage are subject to the damage limitations, liability waivers and indemnity provisions of this Agreement.
Incidental, Transient Storage. You acknowledge that there may be transient storage incidental to computer operations to transmit information through LiveLitigation Communications and Bandwidth (such as, for non-limiting example, temporary storage in computer Random Access Memory (“RAM”) or buffers). You agree that LiveLitigation shall not have any duty to record, store or preserve such transient information absent an express, prior written undertaking by LiveLitigation to record and store it. You agree that LiveLitigation may purge or destroy such transient information either automatically or manually.
5.10. Litigation Holds.
You agree that if a burden is imposed upon LiveLitigation to store, hold or produce information arising from use by You or Your User of LiveLitigation products or services, and related to a claim, dispute or legal proceeding, then you shall bear and pay to LiveLitigation and LiveLitigation’s agents and contractors the reasonable, market worth of labor, costs and expenses (including without limitation, fees and charges of experts, advisors and attorneys), of collecting, holding, storing and producing such information. You agree that LiveLitigation shall not have any duty to initiate litigation holds unless You have given timely, written notice to an authorized LLC manager of Live Deposition, LLC of the content, need, and scope of hold required. You agree that due to the high velocity and volume of information, and the necessity for Live Deposition to operate automated and semi-automated deletion of data to avoid computer-server overload, it shall be Your burden to give timely notice to Live Deposition, LLC.
5.12. Links to Websites of Other Persons.
LiveLitigation may provide links to websites of persons other than LiveLitigation and Live Cloud Depositions, LLC. Those links to other persons are provided solely as a courtesy without any representation or warranty as to their content, use, or terms. Your use of such other websites is subject to the terms and conditions and privacy policies, if any, of the persons who control such other websites and you use them at your own risk. LiveLitigation cannot control such websites of other persons.
LiveLitigation Services are available only to persons who are capable under the applicable law of forming valid contracts. If you are a natural person using LiveLitigation on behalf of an entity, then by registering in the name of the entity and using the Services you represent and warrant that the entity may lawfully enter into this agreement and that you have lawful authority to bind that entity to the terms and conditions of this User Agreement. If you are a child (under the age of 18 years), or lack legal competency, then the Products and Services of LiveLitigation are not available to you; do not use the Products or Services. If you are under the age of 18, or are subject to a legal guardianship, then you can use LiveLitigation and the Products and Services only if your legal guardian or representative first agrees with us that you may use LiveLitigation and the Products and Services and then supervises your use of LiveLitigation and the Services.
PERSONS UNDER THE AGE OF FOURTEEN (14) YEARS ARE NOT ELIGIBLE TO USE THE LiveLitigation WEB SITE OR THE LiveLitigation PRODUCTS AND SERVICES, EVEN WITH THE APPROVAL AND UNDER THE SUPERVISION OF A PARENT OR GUARDIAN. IF YOU ARE UNDER THE AGE OF FOURTEEN YEARS THEN IMMEDIATELY LEAVE THIS WEB SITE. DO NOT ATTEMPT TO REGISTER AS A USER AND DO NOT PROVIDE US WITH ANY OF YOUR PERSONAL INFORMATION.
7. Interstate and International Use.
You recognize that the Internet is global in nature. The LiveLitigation Website and the Services of LiveLitigation are intended to be offered only in jurisdictions where the Website and Services and the manner in which they are offered are lawful. If the Website or Products or Services of LiveLitigation are not lawful in the nation, state, or other jurisdiction where you are located, then do not use or attempt to use LiveLitigation or the Products or Services in that place. If you are accessing or using LiveLitigation or the Products or Services in any nation, state or other jurisdiction which restricts such access or usage, then you shall abide by the laws of that place and refrain from any access or use as required by the laws of the applicable jurisdiction. You also agree that you shall comply with all applicable laws concerning transmission of technical data, including without limitation, the export of technical data from the United States or from the jurisdiction in which you reside or are accessing LiveLitigation.
8. Effective Date.
This Agreement takes effect immediately upon completion of registration by a new user. This Agreement applies to all others who use, or continue to use, LiveLitigation or the Services of LiveLitigation on or after it is posted on LiveLitigation.
9. Amended Terms and Conditions.
10. Termination of This Agreement.
This is an agreement at will, which either you or we may terminate, with or without cause. You may terminate this Agreement only by giving written notice of termination to LiveLitigation using the online forms at http://www.livedeposition.com/cancel-remote.html or at http://www.livedeposition.com/cancel-local.html and then ceasing all further use of LiveLitigation and the Services. If you decide after you have entered into this Agreement that you no longer wish to agree with any term or condition of this Agreement, as it may be amended from time to time, then your only remedy is to terminate this Agreement by written notice, to cease use, and to refrain from further use of LiveLitigation and its Services.
If you terminate this Agreement then you must cease all use of, and remove from your computer(s), any software associated with LiveLitigation, the Products and the Services; and you must destroy any copies of such software, except only that you shall not destroy matter which is reasonably likely to be or to become material evidence in judicial or arbitration proceedings.
If you violate any terms or conditions of this Agreement then we may terminate this Agreement without prior notice to you.
Following termination of this Agreement this Agreement will survive for the limited purpose of governing rights, obligations and responsibilities which arise from events and transactions that occurred prior to such termination; but no right will survive for continued or future use of LiveLitigation or Products or the Services. For example, if you incur charges, liabilities, or obligations to LiveLitigation which have not yet been paid or discharged at the time you terminate then you remain obligated to pay such charges and to discharge such liabilities and obligations after you terminate. As a further example, your obligations to respect our copyrights, trademarks, and other intellectual property continue after termination.
If you give written notice of termination, but continue or resume use of LiveLitigation or Products or the Services then LiveLitigation may elect in its sole discretion to deem your termination to be ineffective, but retains its rights to immediately terminate, block or restrict your use without notice.
11. Your User's Information; Your Information.
As a user you and your computer necessarily must supply information to access, register and use LiveLitigation and the Services. You may choose, or your computer may automatically function, to send information to us, or exchange it with us and others during the course of your use of LiveLitigation and the Services. Your User's Information (also called "Your Information") is defined for the purposes of this Agreement to mean the content and the form of any and all information which you or your computer provide to us, or cause or permit other persons to transmit to us, in connection with:
(i) your accessing of the LiveLitigation domain, or any sub domains or linked domains of Live Cloud Depositions, LLC., or the LiveLitigation website or pages;
(ii) your logging on to LiveLitigation;
(iii) your registration to become a User of LiveLitigation or the Products or Services;
(iv) any email or other communications you have with LiveLitigation or Live Cloud Depositions, LLC or its employees or agents; and
(v) your financial and other transactions with LiveLitigation or Live Cloud Depositions, LLC.
"Your User's Information" is distinguished from, and does not include, communications between you and third parties by use of LiveLitigation and the Services, which are defined under the topics "Your Communications Content" and "Your Correspondents' Communications Content."
12. Information We Receive, Switch and Transmit.
LiveLitigation provides systems for the receipt, switching and transmission of Your Communications Content and Your Correspondents' Communications Content during your sessions using the Services. This is similar in some respects to the switching of telephone calls.
12.1. Limited Participation Sessions, Control Persons and Attendees.
12.1.1. Control Persons of Limited Participation Sessions.
LiveLitigation records both the registration information of your designated Control Persons (Administrator, Host, Moderator, or Stream Manager) and each Control Person’s User ID and email address because only a person registered as a User of LiveLitigation can act as a Control Person of a eSuite session. As a necessary condition of participation in a Limited Participation session, LiveLitigation requires that each other participant supply LiveLitigation with a user name and a valid, functional email address with reference to which communications will be switched during that particular session. In a StenoDirect/LocalRealtime session, the user ID is supplied by the Attendee to the Control Person. The password and LAN access code is supplied by the Control Person to each of the Attendees.
eSuite - During a session using eSuite, LiveLitigation receives and transfers through its computer servers communications only among the Control Person(s) and other participants (“Attendees”) who have been approved by a Control Person to participate in that particular private session or conference ("Limited Participation" session).
LocalRealtime - Is licensed to persons who operate that software on computer servers owned or controlled by such person, not under the control of Live Cloud Depositions, LLC. In general, the communications content of the session is switched and controlled through at least one computer server operated by that person, and does not pass through servers of Live Cloud Depositions, LLC.
12.1.2. Non-Control Participants (“Attendees”) in Limited Participation Sessions. To participate in a Limited Participation session of eSuite a prospective participant must first log onto the LiveLitigation system by providing LiveLitigation with the prospective participant's user name and a valid, functional email address. LiveLitigation records the user name and email address supplied during log-on by each prospective participant in a Limited Participation session. LiveLitigation does not require that any participant in a Limited Participation session, other than the Control Person, be registered with LiveLitigation. LiveLitigation does not undertake to verify the validity or functionality of the email address provided by a prospective participant. However, all Users and participants are required to provide valid, functional email addresses, the products and services may not function correctly without them, and it is a violation of this Agreement for a Control Person, Attendee or participant to supply a non-functional, fake, or impersonated email address and user name. Each prospective participant's log-on information will be recorded by LiveLitigation. Prospective participants either (1) can be invited to participate in a particular Limited Participation session through an email initiated by the Control Person through LiveLitigation's system, or (2) can be informed of the Control Person’s email and scheduled session by means independent of LiveLitigation's system. The prospective participant then must either receive an email invite from a LiveLitigation Control Person, or be given a Key to join the event if not using the email invite, or must be given the LAN password and meeting password if joining a LocalRealtime event.
13. IP Addresses Received and Recorded.
Every User's browser as part of the automatic network protocol reports its IP (Internet Port) address to the LiveLitigation website each time a web page is viewed and we may record and store some or all of these IP addresses as well as a listing of the web pages requested using a particular IP address. Your IP address may be stored in our data base when you register for User status or otherwise log into an event.
14. LiveLitigation Is Not Obliged to Verify User Names, Email Addresses or Identities.
Because a user name and email address are used to route communications among computers, and because computers communicate with each other by coded network addresses, the combination of a user name and email address might, but does not necessarily, identify a particular person. LiveLitigation ordinarily does not and usually cannot verify or authenticate email addresses and does not undertake any obligation to you to do so. LiveLitigation does not and usually cannot verify or control the identity of the natural persons who have access to or control the particular computers that are identified by an IP address or email address supplied to LiveLitigation for computer-routing purposes and we do not undertake any obligation to you to do so.
It is the responsibility and risk of the Control Person to use whatever identification measures the Control Person thinks appropriate and prudent when the Control Person supplies its registered address for delivery to prospective participants and when the Control Person approves a particular user name and email address for participation in a 's particular Limited Participation session. Similarly, it is the responsibility and risk of a prospective participant when using a Control Person’s email address, and when supplying LiveLitigation with the prospective participant's email address and password for delivery to a Control Person, to use such measures as the prospective participant thinks appropriate and prudent to identify and verify whom it will be dealing with in a session, including without limitation the Control Person and other participants in the session.
We reserve the right, for protection of ourselves and our systems, to use whatever lawful means may be at our disposal to attempt to verify any IP (Internet Port) address, email address, or other identification information of any User, participant or visitor.
15. Contents Of User and Participant Communications Are Transitory in Limited Participation Sessions; Control Person’s Choice to Record or Not; No Long-term Archival Storage.
During Limited Participation sessions, communications among the Control Person and other participants are transitorily resident within the automatic switching systems, computer memory, and any temporary on-line parallel or concurrent backup systems of LiveLitigation and our Internet.
Service Providers ("ISPs"). Each Limited Participation session is generally limited not to exceed ten consecutive days, and most will have much shorter duration.
Within Limited Participation sessions all transmission of communications is initiated or directed by the Control Person and other participants, not by LiveLitigation. Communication content is transmitted among the Control Person and other participants automatically based upon the Control Person's selection of participants. The transmission, routing, provision of connections, and any storage of content is done at the direction of the Control Person and other participants, and material is transmitted by automatic technical processes without selection or modification of the content by LiveLitigation.
LiveLitigation offers to some Control Persons, using LiveLitigation software, a capability to record onto LiveLitigation servers the Communication Content of a session. The Control Person thereafter can download the recorded Communication Content from LiveLitigation’s computers to the Control Person’s computer. The Control Person then can deal with the recorded matter at the Control Person’s discretion without any supervision or controls by LiveLitigation. LiveLitigation does not claim any ownership or control of the recorded Communication content, but leaves those issues exclusively to the Control Person that chose to record the matter, except in the rare case where LiveLitigation might claim rights to particular content independently of the Control Person’s session, such as by trademark, copyright or patent. The decision whether to record or not is made by the Control Person, not by LiveLitigation. The LiveLitigation recording capability is designed to automatically post a notice on the computer screen of each prospective participant that a Control Person has elected to record the particular session. A prospective participant should not enter the session if the prospective participant does not wish to be recorded. Similarly, any participant can terminate participation in a recorded session at any time, though any recording made by a Control Person before termination will remain on LiveLitigation’s computers, available for download of the recorded session by the Control Person (or others designated by a Control Person) automatically deletes recorded matter from LiveLitigation’s operating computers after a limited period of time, which may be less than 72 hours. It is a Control Person’s choice and responsibility to download recorded matter that a Control Person wishes to preserve before that matter is deleted by LiveLitigation. LiveLitigation disclaims any responsibility for the contents, quality of recording, failure to successfully record, loss, destruction or deletion of matter that a Control Person chooses to record. A Control Person that chooses to record matter is solely responsible for insuring that such recordation complies with the laws and regulations of any governmental authority having jurisdiction over any portion of the communications.
LiveLitigation event recordings are unedited and unofficial/uncertified event videos. These videos shall not be made official/certified and cannot be used, cited, or transcribed for use as the official/certified video of the proceedings. These videos shall not be cited or used in any way or at any time to rebut or contradict any official/certified video of the proceedings as provided by the official reporter or official reporter pro tempore. These unofficial/uncertified videos are intended only for the purpose of augmenting counsel’s notes and are not intended to be copied or used in any court proceedings or distributed to any other parties.
LiveLitigation does not otherwise record, backup, or archive the contents of Control Person and participant communications during a Limited Participation session, except as is technically necessary for that particular Limited Participation session, and those contents then are dissipated from LiveLitigation's systems either during or after termination of a particular Limited Participation session. Except for recording made at the choice of the Control Person of a particular session, no copy of Your Communications Content or Your Correspondents' Communication Content during Limited Participation sessions is maintained or stored on the LiveLitigation system or network in a manner that ordinarily would be accessible to anyone other than the Control Person and participants selected by the Control Person for a particular Limited Participation session.
After termination of a particular session no copy that has been maintained by LiveLitigation during a particular Limited Participation session remains ordinarily accessible to the Control Person or other participants for a longer period than is reasonably necessary for that Limited Participation session, except what a Control Person has chosen to record.
The Control Person and other participants are entirely responsible for any recordation, archiving, or other backup of their own content, and may do so only as permitted by applicable law. If a Control Person has not chosen to record Communication content, then after completion of a particular Limited Participation session the only information that is retained by design at LiveLitigation with reference to that Limited Participation session is a record that the Control Person's session took place, which may include the time, and the user names, email addresses and IP addresses supplied by the Control Person, participants and prospective participants for that session.
LiveLitigation does not monitor the content of Control Person and participant communications either during Limited Participation sessions or thereafter where a Control Person has chosen to record content. The Control Person and participants bear sole responsibility, risk and liability for the content of their communications and for the identification and selection of recipients of their communications. The Control Person and participants in a Limited Participation session are responsible for determining and resolving among themselves rights related to the content of sessions, whether or not recorded.
16. User-Implemented Encryption or Other Special Security Issues of Users.
User hereby acknowledges that information that passes through or is retained on Live Cloud Deposition's computer servers has a moderate level of password-access security that is required to enter into a meeting ("Meeting-level Access Security"). After such password access is gained to a meeting then the content of that meeting is generally available to anyone who has acquired such password access to that meeting, or to recorded copies of such meeting. The degree of a User's password-access security for a meeting is dependent upon the User's selection of stronger or weaker passwords and the User's distribution and control of the User's passwords. User acknowledges that LiveLitigation does not provide encryption capability within a meeting, but only password protection for entry into a meeting. User can implement a higher degree of security to certain kinds of particular information within that meeting by applying additional password access, or other encryption controls to files before uploading or transmitting to LiveLitigation’s Communications Channels and Bandwidth, ("Encrypted Content Transmitted within a Meeting"). LiveLitigation does not provide encryption or additional password protection (beyond the passwords required to enter the meeting) as to the streaming live audio and live video of the meeting as a whole, or to recordings of the meeting as a whole. It shall be the responsibility of the User (A) to identify the particular portions of its own information and content that requires a higher level of security before transmission within a meeting, and (B) to implement the User's higher level of security for such information and content that the User transmits or receives. For example, and without limitation, a User can individually encrypt a particular document before transmitting that document within a meeting through the LiveLitigation computer servers, and before storing that particular document on LiveLitigation servers. Then, even if Meeting-level Access Security fails for a meeting as a whole, the User still can maintain the separate higher-level security access to particular files transmitted within that meeting. User shall be responsible for selecting and implementing an encryption system or other security system of User's choice for Encrypted Content Within A Meeting. As an example and without limitation, a User can implement the encryption features of Adobe Acrobat for particular documents that the User identifies as too sensitive to protect solely by Meeting-level Access Security. User shall not provide to LiveLitigation the User's access passwords for Encrypted Content Transmitted Within A Meeting. LiveLitigation shall not have any responsibility or liability for encryption or decryption of User's information and content, nor for control or distribution of User's access to Encrypted Content Transmitted Within A Meeting.
17. LiveLitigation Public Rooms; Public Video, Text Chat Rooms and Billboards.
LiveLitigation may provide public video, text chat rooms, billboards, special interest rooms, and other publicly available contents at its website ("LiveLitigation Public Rooms"), the content of which may be accessible by any member of the general public visiting the LiveLitigation website with minimal or no registration. LiveLitigation's Public Rooms enable visitors and prospective Users to engage in limited trials of LiveLitigation's systems. Visitors to the LiveLitigation website may be enabled to post information to some LiveLitigation Public Rooms. The content posted by visitors to the LiveLitigation Public Rooms will be transitorily resident within the automatic switching systems, computer memory and caches, and any temporary on-line parallel or concurrent backup systems, of LiveLitigation and its Internet service providers. Both the posting and accessing of content in LiveLitigation Public Rooms is done automatically at the direction of visitors and prospective Users and LiveLitigation does not undertake to select or modify such content, other than by deleting it from time to time. LiveLitigation does not archive or preserve content which is posted in LiveLitigation Public Rooms. Our policy is to take down material from LiveLitigation Public Rooms after display for not more than ten consecutive days, and often more frequently, after which such content dissipates from its systems.
LiveLitigation reserves the right, at any time and for any reason whatsoever or for no reason:
(i) to take down, restrict, or refuse to post any information in the LiveLitigation Public Rooms, or
(ii) to make such Public Rooms available or unavailable.
18. License Granted By You to Us for Content Transmitted by You to Public Areas.
When you communicate content to or within any LiveLitigation Public Room or any other area of LiveLitigation which is intended to be accessible by the general public, then you shall be deemed to have granted to us (Live Cloud Depositions, LLC ) an irrevocable, world-wide, no-royalty, no-fee license to publish, distribute, use, reproduce, modify, adapt, translate, publicly perform and publicly display (in whole or in part) in any manner, place, or medium whatsoever such content transmitted or posted to LiveLitigation Public Rooms. This license from you to us is fully sub licensable by us.
LiveLitigation does not pre-screen the content of transmissions and postings originated or transmitted by you or by any other user or visitor in LiveLitigation Public Rooms. We have no obligation to post, display, transmit, or retain any material whatsoever in any LiveLitigation Public Room or other publicly accessible area. We at our sole and unfettered discretion may limit access of anyone, refuse to post, or may remove or delete any matter, or may block or terminate access by any person, at any time for any reason or for no reason. We also may make available or unavailable any Public Room, public page, or other area that may be generally accessible to the public.
19. License Granted by Us to You for Use of Our Public Rooms.
Live Cloud Depositions, LLC grants you a temporary limited license to access and use LiveLitigation Public Rooms which then are being made available by us without registration by you as a User; this license is non-transferable and non-sub licensable by you, is terminable at will by us without notice to you; and is subject to the terms of this Agreement. Generally your access to a Public Room may be automatically limited not to exceed ten minutes during any one log on by you. If you register as a User, and so long as you comply with the payment terms and other terms of this Agreement, or if you are granted access by a Control Person to a Limited Participation session, then you are granted by us a temporary limited license to use those portions of our system which we provide for that particular Limited Participation session. Your license as User is non-sub licensable and non-transferable by you, and is terminable at will by us at any time for any reason or for no reason.
You do not receive any license authorizing you to, and you shall not, assign, sublicense, distribute, redistribute, publish, compile, decompile, copy, modify, or reverse engineer, any content or technical means of the LiveLitigation website, the Services, our systems, or our software; and this restriction applies to both public areas and limited participation areas.
20. Content May Be Offensive.
You recognize that LiveLitigation generally does not, and usually cannot, pre-screen, monitor, modify or control in real time the content of any communications or posting, either in Limited Participation areas or in publicly accessible areas. Therefore, you acknowledge that when you use any area of LiveLitigation there is a risk that you could be exposed to salacious, obscene, pornographic, hateful, misleading, and fraudulent or other objectionable materials posted or otherwise communicated by other Users, participants or visitors. You agree to accept this risk. You agree that LiveLitigation and Live Cloud Depositions, LLC shall have no responsibility or liability to you for any such exposure you may experience. LiveLitigation does not intentionally sponsor such offensive matter and you and all other users are required to agree not to engage in the conduct which is prohibited or restricted by this Agreement, but we do not, and ordinarily cannot, undertake to police such conduct by users.
21. Adult or Mature Content; No Access To or Targeting of Children.
There may be areas of LiveLitigation which are specifically designated for "adult" or "mature" content. You agree that you shall not transmit, post or otherwise communicate "adult" or "mature" content outside of such designated areas by use of LiveLitigation or the Services. You further agree that you shall not target children with, and shall not permit children to have access to, the areas designated as "adult" or "mature." If you are an adult and you object to such "adult or "mature" content you agree that you shall refrain from accessing such areas. Nothing in this section shall be construed as authorizing you to transmit, post, deliberately access, or otherwise communicate unlawful pornographic matter or hate matter by use of LiveLitigation or the Services, and you shall not do so.
22. You Warrant Your Authority for Use of Your Information.
23. License of Your User Information from You to Us.
24. Your Editing and Deletion of Your User Information.
LiveLitigation provides ways for you to edit Your Information and preferences. To do so, please log into your account using your User ID and password. You may request that your LiveLitigation registration and User status be terminated and deleted by sending an email to admin@LiveLitigation.com and filling out the form(s) provided at http://livedeposition.com/cancel-local.html or http://livedeposition.com/cancel-remote.html.
To aid fraud prevention, termination and deletion may be deferred for up to 90 days after you instruct termination. Please see the topic Archival Retention of Your Information to read about what information may remain in archived records after termination of your registration and User status.
25. Archival Retention of Your Information.
In order to protect its systems against failures and loss of data and to enable resumption and continuation of the Services with minimal disruption and down time, LiveLitigation likely will maintain parallel, redundant, backup, or other archival systems ("Archived User Information.") which may vary from time to time depending upon the technology then in use by us. Such systems are designed to archive information which can be recalled. As a matter of course during operation of our systems Your Information is likely to be included in Archived User Information. When your registration and User status are terminated in our currently active databases, there likely will remain pre-existing copies of Your Information in Archived User Information that is being held more or less independently of the currently active databases and from which Your Information therefore will not have been deleted. Reasonable efforts will be made to promptly include your termination request in the most current Archived User Information so that your termination instruction will be honored. However, it is possible that in the event of loss or damage of the currently active databases, older Archived User Information which still contains Your Information will be used to restore service, thereby resulting in restoration of Your Information in what then becomes the currently active databases. You agree to accept this risk and your sole remedy in such an event will be to again request termination of your registration and User status. Even when you request termination of your account, it will be necessary for LiveLitigation to maintain some limited records of your transactions with LiveLitigation. For example, we may maintain some identifying information concerning you to keep a record of your request for termination of your account as well as records of our prior transactions with you for our financial and tax reporting purposes.
26.1. Unlawful Activities. You agree that you shall not do any of the following in connection with your use of LiveLitigation, the Services, or Your Information:
(a) violate any law, statute, regulation, or rule having the force of law; this includes without limitation, laws concerning anti-terrorism, money laundering, export control, investment securities, consumer protection, unfair competition, anti-discrimination, false advertising, gambling, wagering, eavesdropping, communication interception, child abuse, elder abuse, "hate" crimes, obscenity, pornography, and insider trading;
(b) make any false, materially misleading, or fraudulent statements or communications to us or to any other person;
(c) engage in fraudulent or otherwise unlawful transactions;
(d) sell or otherwise transfer counterfeit or stolen items or materials;
(e) infringe any copyright, trademark, patent, or other intellectual property of Live Cloud Depositions, LLC or of any third party, nor misappropriate or disclose trade secrets or other proprietary rights without the consent of the owner, nor violate the privacy rights of any person;
(f) engage in defamation, slander, unlawfully harassing, hateful, or threatening activity;
(g) engage in or communicate unlawful obscenity or pornography, or child-harming activity and you agree that you shall not transmit, post, email, forward, or otherwise use or traffic in material which is lawfully suitable only for adults except in areas and channels of communication that are restricted to Mature Audiences and to which only persons for whom such material is suitable will be given access;
(h) engage in, pass on or transmit any Ponzi or pyramid scheme;
(i) "stalk" or harass any other person;
(j) if you are accessing or using LiveLitigation or the Services in any nation, state or other jurisdiction which restricts such access or usage, then you shall abide by the laws of that place and refrain from any access or use as required by the laws of the applicable jurisdiction.
26.2. Improper, Illegal and Abusive Computer and System Functions. You agree that you shall not:
(aa) interfere with, impair or degrade any functions of LiveLitigation or the Services;
(bb) interfere with or cause us to lose the services of our Internet Service Providers ("ISPs") or other persons who provide goods or services to us;
(cc) create or purport to create liability for us;
(dd) undermine the integrity of the user referral system or the user feedback system;
(ee) interfere with the performance by our employees of their duties;
(ff) create or impose an unreasonable load on LiveLitigation or its services, functions or infrastructure;
(gg) employ any automatic data-mining or search engine, including without limitation any robot, spider, scraper, or similar means to access LiveLitigation or the Services without the express, prior written consent of an authorized officer of Live Cloud Depositions, LLC;
(hh) bypass security measures or constraints which we have created to restrict access to or use of our systems and our data;
(ii) transmit any material that constitutes or contains any harmful computer code, including without limitation, any computer virus, Trojan horse, worm, time bomb, denial of service, cancelbot, easter egg, or other computer codes or methods which are harmful to, unlawfully detract from the function or performance of, expropriate, misappropriate, or misuse our computers, software, systems or infrastructure, or those of any other person; "transmit" includes without limitation to upload, post, email or otherwise make available;
(jj) copy, modify, create derivative works from, reverse-engineer, decompile, duplicate, distribute, or publicly display any matter obtained from LiveLitigation or the Services, or from any other person by use of the Services, without the express prior written consent of Live Cloud Depositions, LLC or other person owning rights in such matter;
(kk) by pass our home page, headers, control screens, or other functional elements of LiveLitigation and the Services, and, without limitation you shall not engage in "deep-linking," or similar or equivalent techniques.
27. Restricted Commercial Activities.
You agree that you shall not, without the prior express written consent of a duly authorized officer of Live Cloud Depositions, LLC, use LiveLitigation, or LiveLitigation Services to do any of the following:
(aaa) solicit advertisers or sponsors;
(bbb) solicit or obtain credit card, debit card, bank account or brokerage account information or charges; (JR and DR to discuss )
(ccc) solicit, obtain, or collect private information of other persons; (JR and DR to discuss )
(ddd) display advertising or sponsorships of any kind, including without limitation display banners generated by banner or link exchange services; (eee) offer or sell goods or services;
(fff) provide personal services, counseling, or advice for which a governmental license is required, such as, without limitation, medical, psychiatric, psychological, dental, pharmacy, legal, investment, or accounting services; (JR and DR to discuss )
(ggg) transmit "spam";
(hhh) collect or store personal data about other Users or participants.
If and to the extent that you do any of the foregoing, you hereby agree that you will do so in your separate capacity as independent contractor, you agree that you will not involve LiveLitigation or its products and services, and you shall bear sole responsibility and liability exclusive of LiveLitigation.
28. Aiding, Abetting and Contributing to Unlawful Activity.
You agree, in connection with your use of LiveLitigation and the Services that you shall not aid or abet any other person to engage in any activity which is unlawful, or which is constrained or restricted by this Agreement; and you shall not contribute to any such misconduct of any other person.
29. LiveLitigation Copyrights.
Copyright © Live Cloud Depositions, LLC 2010, 2014. All rights reserved.
30. LiveLitigation Trademarks.
The following are trademarks of Live Cloud Depositions, LLC: "LiveLitigation", “LocalRealtime”, “eSuite”, “StenoDirectPlus” and "Live Cloud Depositions, LLC". When using LiveLitigation products you shall not conceal or obscure any trademark, service mark, trade name, logotype, advertising or other commercial symbol within such products that designates Live Cloud Depositions, LLC or any of its affiliates as the originator, owner or licensor of the products. You may, but are not required to, advertise or publish the fact that you are an authorized user of LiveLitigation products where that is true.
31. Copyright and Other Intellectual Property; Notice of Claims of Infringement.
We respect the copyright and other intellectual property of other persons. We ask that you also respect intellectual property rights. In appropriate cases we may exercise discretion to limit, terminate or disable the accounts of Users or other users who are identified as repeat infringers, or to remove or disable access to infringing material. If you believe that your copyright has been infringed, or that your intellectual property rights have been violated, then provide Live Cloud Depositions, LLC in writing with the following:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail ("email") address at which the complaining party may be contacted;
(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
32. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE AS FOLLOWS:
32.1. NO WARRANTY. LIVE CLOUD DEPOSITIONS, LLC, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS PROVIDE LiveLitigation AND THE SERVICES "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED OR STATUTORY. WITHOUT LIMITING THE BREADTH OF THE FOREGOING SENTENCE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FOR THE PURPOSES OF THIS SECTION, " LIVE CLOUD DEPOSITIONS, LLC, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS" IS INTENDED TO INCLUDE, WITHOUT LIMITATION, LiveLitigation, LIVE CLOUD DEPOSITIONS, LLC, OUR LIMITED LIABILITY COMPANY MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS, THE SUPPLIERS OF OUR WEB SITES, OUR INTERNET SERVICE PROVIDERS ("ISPs"), OUR OTHER TECHNICAL AND SERVICE PROVIDERS, OUR RESELLERS, AND ANY PERSONS WHO MAY BE OR BE DEEMED OUR PARTNERS, JOINT VENTURERS, OR PRINCIPALS, EACH AND ALL OF WHOM SHALL BE EXPRESS THIRD PARTY BENEFICIARIES OF THESE DISCLAIMERS OF WARRANTY.
Some states do not allow the disclaimer of implied warranties in some circumstances, so if the laws of such a state apply to your dealings with us and if the requisite circumstances exist in your case, then some portion or all of the foregoing disclaimer may not apply to you. The law of warranty varies from state to state and the law applicable in your particular case may give you specific legal rights.
33. LIMITATIONS AND EXCLUSIONS OF DAMAGES
IN NO EVENT SHALL LIVE CLOUD DEPOSITIONS, LLC, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS BE LIABLE FOR ANY OF THE FOLLOWING KINDS OF DAMAGES: LOST PROFITS, LOST GOODWILL, BUSINESS INTERRUPTION; OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING, OR ALLEGED TO ARISE, OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, OR THIS AGREEMENT.
WITHOUT LIMITING THE BREADTH OF THE KINDS OF DAMAGES EXCLUDED BY THE PRECEDING SENTENCE, LIVE CLOUD DEPOSITIONS, LLC, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY OF THE FOREGOING KINDS OF DAMAGES ARISING OR RESULTING FROM: (a) ANY USE OR INABILITY TO USE LiveLitigation OR THE SERVICES; (b) ANY COST OF ACQUIRING SUBSTITUTE GOODS AND SERVICES; (c) ANY UNAUTHORIZED ACCESS TO, DEGRADATION OF, OR ALTERATION OF THE CONTENTS OF TRANSMISSIONS OF YOU OR ANY THIRD PARTY; (d) ANY CONDUCT OR COMMUNICATIONS OF ANY THIRD PARTY BY USE OF LiveLitigation OR THE SERVICES; OR (e) ANY OTHER MATTER OR CIRCUMSTANCE RELATED TO LiveLitigation OR THE SERVICES.
IN ANY CIRCUMSTANCE WHERE LIVE CLOUD DEPOSITIONS, LLC, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS MAY HAVE LIABILITY TO YOU THAT IS NOT EXCLUDED BY THE FOREGOING, THEN ANY SUCH LIABILITY TO YOU AND TO ANY THIRD PARTY IS LIMITED IN AMOUNT TO THE GREATER OF (A) ONE HUNDRED DOLLARS ($100), AND (B) THE AMOUNT OF FEES (IF ANY) YOU HAVE PAID TO US IN THE NINETY (90) DAYS IMMEDIATELY PRIOR TO THE EVENTS ALLEGEDLY GIVING RISE TO THE CLAIMED LIABILITY.
FOR THE PURPOSES OF THIS SECTION " LIVE CLOUD DEPOSITIONS, LLC, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS" IS INTENDED TO INCLUDE, WITHOUT LIMITATION, LiveLitigation, LIVE CLOUD DEPOSITIONS, LLC, OUR LIMITED LIABILITY COMPANY MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS, THE SUPPLIERS OF OUR WEB SITES, OUR INTERNET SERVICE PROVIDERS ("ISPs"), OUR OTHER TECHNICAL AND SERVICE PROVIDERS, OUR RESELLERS, AND ANY PERSONS WHO MAY BE OR BE DEEMED OUR PARTNERS, JOINT VENTURERS, OR PRINCIPALS, EACH AND ALL OF WHOM SHALL BE EXPRESS THIRD PARTY BENEFICIARIES OF THESE DAMAGE EXCLUSIONS AND LIMITATIONS.
Some states do not allow exclusion or limitation of incidental or consequential damages in some circumstances, so if the laws of such a state apply to your dealings with us and if the requisite circumstances exist in your case, then some portion or all of the foregoing exclusion and limitation may not apply to you. The law varies from state to state and the law applicable in your particular case may give you specific legal rights.
You agree to indemnify us (" Live Cloud Depositions, LLC, its affiliates, suppliers and contractors" as defined in the sections which disclaim warranties and limit and exclude damages), to defend us, and to hold us harmless, from any claim, cost, liability or demand or any third party, including reasonable attorneys fees, which arises or is alleged to arise from:
(a) breach by you or by anyone for whom you bear responsibility of this Agreement or of any of the materials which this Agreement incorporates by reference; or
(b) violation by you or by anyone for whom you bear responsibility of any law or of the rights of any third party
(c) use of LiveLitigation, its Products and Services by You, Your Users, and anyone who obtains access through You or Your Users, including Unauthorized Users, except only to the extent of any willful misconduct of LiveLitigation, its agents and employees.
35.1. Entire Agreement.
This written Agreement, including any matter that is expressly incorporated in this Agreement by reference, constitutes the entire Agreement between you and Live Cloud Depositions, LLC and it governs your use of LiveLitigation and the Products and Services. This Agreement supersedes any prior negotiations and agreements between you and Live Cloud Depositions, LLC. There are no oral terms to this Agreement. This Agreement can only be amended or altered in writing. Please note the separate section of this agreement concerning amendment of it. Your purchase or use of particular services and products of Live Cloud Depositions, LLC, or of third-party content or third-party software, may be governed by additional written terms and conditions specified when you purchase or access such particular services and products.
35.2. Choice of Law and Choice of Forum.
This Agreement, and the relationship between you and Live Cloud Depositions, LLC, shall be governed by the laws of the State of California, U.S.A., without regard to its conflict of law provisions. You and Live Cloud Depositions, LLC agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California.
35.3. Statute of Limitations.
You and Live Cloud Depositions, LLC agree that any claim or cause of action arising or alleged to arise out of, or related to, this Agreement, the use of LiveLitigation, or the Products or Services, must be filed within one (1) year after such cause of action arose, or else such claim or cause of action shall be permanently barred, except that where any party has timely filed an initial claim, then any cross- or counter-claim related to that filed initial claim may be asserted within the later of one year after the cross- or counter-claim arose, or five months after the filing date of such timely-filed initial claim. You and Live Cloud Depositions, LLC agree that this limitation applies regardless of any statute or law to the contrary which might otherwise apply.
35.4. Export Controls.
The Services, or some uses of them, may be subject to the export control laws of the United States. You agree that you shall not export, re-export, disclose, or transfer any of the Services, or any technical matter related to the Services, nor shall you use the Services, in violation of applicable export control laws and regulations.
35.5. Restriction of Rights Concerning Government Usage.
LiveLitigation and the Products and Services comprise Restricted Rights in accord with DFARS Section 227.7202 et seq. If you are using LiveLitigation or the Services as a representative of the United States Department of Defense, or as a representative of any other governmental agency of any nation, state or locality, then you acknowledge that the Services, and any portion of them, are "Commercial Computer Software" (cf. DFARS Section 252.227-7014) and any documentation is "Commercial Computer Software Documentation," all of which were developed exclusively at private expense by Live Cloud Depositions, LLC and its predecessors, 16542 Venutra Boulevard, Suite 401, Encino, CA 91436. You do not receive any rights to reproduce or modify the Services or any associated software.
35.6. Non-Transferability; No Sublicensing; No Right of Survivorship.
Your identity is an essential element of your registration and User status, the accuracy of which you are required to represent and warrant as a necessary condition of your use of LiveLitigation and the Products and Services. Among other reasons, the accuracy of your identity disclosures is material to our ability to protect ourselves and other Users from fraud and other abuses of our system and services. You cannot transfer or sub-license your registration, your User status, or your rights under this Agreement. Upon your death any rights to your account terminate. Upon our receipt of a copy of a death certificate, or of other proof of death which is satisfactory to us in our sole discretion, your account can be terminated and your registration deleted by us.
35.7. No ReSale, Re-Transmission or Commercial Use.
Except for communications in which you are an active participant using LiveLitigation and the Services, in accord with the terms and conditions of this Agreement, and except as may otherwise be expressly agreed in a separate writing signed by two officers of LiveLitigation and Internet LiveLitigation, you agree that:
(i) you have no right to resell or re-transmit LiveLitigation or the Services;
(ii) you shall not distribute or re-distribute any of the Services, use the Services on timeshare or service bureau basis, for operation of a website, or for any commercial or income-generating purpose. Any Reseller Agreement must be by separate writing, signed by two officers of Live Cloud Depositions, LLC.
35.8. No Third Party Beneficiaries.
Except as is otherwise expressly stated in this Agreement, there shall be no third party beneficiary of this Agreement.
35.9. Waiver and Severability.
A failure of Live Cloud Depositions, LLC and LiveLitigation to exercise a right or provision of this Agreement shall not operate as a waiver of such right or provision. If a court of competent jurisdiction shall determine that any provision of this Agreement, or of any expressly incorporated document, is invalid, then it is agreed that the Court shall endeavor to revise such provision to give it such effect as is legally valid; and to the extent that a provision is invalid that provision shall be severed and the remainder of this Agreement enforced.
35.10. Rights and Remedies Cumulative.
All rights and remedies of LiveLitigation and Live Cloud Depositions, LLC under this Agreement or provided by law and equity shall be deemed cumulative and not exclusive of each other, and the exercise of one remedy shall not preclude the exercise of any other.
35.11. Captions, Headings and Links.
Captions, headings and links in this Agreement are for reference only and shall not be considered when construing this Agreement.
36.1. Your Notices to Us.
Except where this Agreement authorizes or requires communications by email or other electronic means, any notice which you are permitted or required to give to LiveLitigation or and Live Cloud Depositions, LLC under this Agreement shall be in writing and shall be delivered by U.S. mail, certified, first class or express mail, and prepaid; or shall be delivered by a nationally recognized commercial delivery service which provides delivery tracking (such as Federal Express or UPS) addressed to:
Live Cloud Depositions, LLC
Attn: Daniel Richmond
16542 Venutra Boulevard
Encino, CA, U.S.A., 91436
36.2. Our Notices to You; Your Email Address for Notices.
37. Injunctive Relief
You agree that any use of LiveLitigation or the Products or Services contrary to the terms of this Agreement, as amended from time to time, or any sublicensing, transfer, copying or disclosure of technical matter related to LiveLitigation or the Services is likely to cause irreparable harm to Live Cloud Depositions, LLC, its members, affiliates, providers, and suppliers, as well as to authorized sublicensees and Resellers of LiveLitigation and the Products and Except where this Agreement authorizes or requires communications by email or other electronic means, LiveLitigation Services, for which pecuniary compensation alone would be insufficient. You agree that under such circumstances Live Cloud Depositions, LLC, its members, affiliates suppliers, authorized sublicensees and Resellers shall be entitled to temporary, preliminary and permanent injunctive and other equitable relief, without posting bond or security.
LiveLitigation's Agent for Notification of Claimed Infringement is:
c/o Live Cloud Depositions, LLC
16542 Venutra Blvd., Suite 401
Encino, CA 91436
By Telephone: 888 337 6411
By Fax: 818-783-4371