Terms of Services
Med-Legal delivers Enterprise Content Management Solutions to the legal industry; including proprietary services, technology, and Evedent, LLC (“Evedent”) has created the websites at getrecords.com, getmedlegal.com, defensepro.com and any other Evedent controlled websites (collectively, the “Website” or the “Site”) to provide an online platform with access to a variety of content, features and functions for use by legal professionals.
The use of “you” or “your” refers to (i) casual visitors to our Site, who do not use our Software or participate in the Services (“Site Visitors”), (ii) legal professionals who subscribe to use one or more of the software applications available through our Website (“Subscribers”). The terms “Evedent,” “we” and “us” refer to Evedent LLC.
Nothing stated herein shall create, or shall be construed as creating, a relationship between Evedent and you of employer-employer, joint employer, joint venture, independent contractor, franchisee-franchisor, and the like.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE OR REGISTER TO ACCESS OUR SOFTWARE. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE OR USE OUR SOFTWARE.
1. Your Agreement
These Terms govern (i) your use of the Website and Evedent’s online Software made available via the Website, (ii) your receipt of and participation in Evedent’s services offered through the Website (our “Services”), (iii) your provision of information in connection with using the Website (“User Content”); and (iv) your use of information obtained through the Website, including (a) information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Evedent or its licensors and made available to you through the Website (“Evedent Content”). Please read these Terms carefully; they impose legal obligations on you and on Evedent, and establish our legal relationship. By accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
While you can visit the Website and review a range of information about Evedent, our Software, and our Services without registering, to use the Software and participate in the Services, we ask that you become a Subscriber. These Terms only govern your use of the website. You will also be required to agree to the terms of the Subscription Agreement applicable to the Software if you become a subscriber.
In addition, if you become a Subscriber, during the registration process and on an ad-hoc basis you will be prompted to click/check an "I Accept" button/box, which further confirms your agreement to be legally bound by these Terms and the applicable Subscription Agreement.
2. Obtaining a Password; Use of Your Password
2.1 Subscriber Acting in a Representative Capacity
2.2 Protecting Your Password
We make the Software and certain areas of the Website accessible only to users that have a password. If you obtain a password, please keep in mind that we will treat anyone who uses your user name and password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Website and your participation in the Services. We also ask that you notify us immediately if you suspect that someone is using your user name and/or password in this or any inappropriate manner.
3. Grant of Rights
3.1 Grant of Rights to Site Visitors
As a Site Visitor, you are granted the right to access to the Website other than the password-protected areas (“Permitted Visitor Areas"). You may access and view Permitted Visitor Areas for your personal and non-commercial use only, and you may not modify, copy, distribute, or otherwise use the Evedent Content available in these Areas.
3.2 Grant of Rights to Subscribers
Subject to your agreement to these Terms, you are granted a limited, non-exclusive, non-transferable, worldwide right to access, execute, display, perform, and otherwise use the Website solely for your personal and non-commercial purposes, provided that you shall not (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the Evedent Website or Content to any third party; (ii) modify or make derivative works based upon the Evedent Website or Content; or (iii) reverse engineer, reverse compile, or access the Evedent Website or Content in order to build a competitive product or service. You may not modify, copy, distribute, or otherwise use the Evedent Website, Content or Services.
3.3 Duration of Rights
You will continue to enjoy Your rights under Section 3.2 (Grant of Rights to Subscribers) for as long as you are a Subscriber, unless Your password is revoked or suspended for misconduct, as set out in Section 7 (Monitoring; Revocation or Suspension of Use Privileges).
4. Ownership; Reservation of Rights
The information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Website, are the proprietary property of Evedent and its licensors. The information on content provided are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Evedent and its licensors retain all rights with respect to the Website, Services and the Evedent Content except those expressly granted to you in these Terms. Except as expressly provided herein. By accepting the Terms, you agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Website and/or through the Services unless specifically authorized in writing by Evedent.
5. Subscriber Grant of Rights
5.1 Grant of Rights to Evedent in User Content
By submitting User Content for participation in the Services and use of the Evedent Website, uploading files, , you grant Evedent the right to use, copy, reformat, index, modify, display, and distribute your User Content for the purposes of providing our Services. No compensation will be paid with respect to Evedent's use of your User Content under this grant.
5.2 Subscriber Comments/Feedback
Our Website may allow Subscribers to provide comments or feedback regarding our Website and our Services. By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving the Website and our Services.
5.3 Rights/Permissions You Must Have in Your Submitted Content
In submitting User Content, you warrant that you have sufficient authority and rights to upload such Content, and provide us these rights.
5.4 Right to Decline Submitted Content
6. Code of Conduct
AS A CONDITION TO YOUR USE OF THE WEBSITE AND THE SERVICES, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT, SET OUT BELOW. Under this Code, you will not:
- Upload, email or otherwise transmit any images or other User Content that is unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain nudity or pornography, or are otherwise objectionable.
- Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.
- Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
- Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images, and text in electronic form -- can easily be copied, modified and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal.
- Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
- Use the Website in a manner that could disable, overburden, or impair the Website or Services or interfere with any other party's use and enjoyment of the Website and Services, such as through sending "spam" email.
- Use the Website or Evedent Software to test or reverse engineer the Website in order to find limitations, vulnerabilities or to evade filtering capabilities.
- Seek to obtain access to any materials or information through "hacking," "data harvesting," or through other means we have not intentionally made available to you through the Website.
- Use the Website or Evedent Software for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
7. Monitoring; Revocation or Suspension of Use Privileges
Although we have no – and assume no -- obligation to monitor activities on the Website, we reserve the right to utilize filters designed to detect and block inappropriate content under this Code of Conduct. We reserve the right to request edits or removal of any information or materials, in whole or in part, that we believe, are incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE EVEDENT WEBSITE OR SERVICES AT ISSUE.
8. Reports and Complaints
If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, you may report your concerns either via the links we have included on the Website or in the Evedent Software, or by contacting us in accordance with Section 20 (Contact Us). If we are notified by a user that he/she believes User Content on the Website does not comply with our Code of Conduct, we will investigate the allegation and determine if action is necessary. At our discretion we may remove, block access to such Content, and/or terminate user from the Website if the allegation is verified.
9. Links to Third-Party Sites; Third Party Advertising
The Website may also contain advertising (static and/or targeted) and links or produce search results that reference links to third party websites (collectively "Linked Sites"). Evedent has no financial interest in the Linked Sites which are wholly separate and independent from Evedent. Evedent is not an interested party with respect to the Linked Sites in full compliance with California Labor Code section 139.32. Evedent has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. Evedent does not endorse the content of any Linked Site, nor does Evedent warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
10. User Conduct; User Disputes
Evedent is not responsible for and is not liable for the User Content or conduct of Subscribers. You are solely responsible for your User Content, conduct, and interaction with other Subscribers, both online or offline. We have no obligation to become involved in disputes between Subscribers. If you have a dispute with one or more Subscribers, you release Evedent (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
11. Warranty Disclaimer
EVEDENT DOES NOT PROMISE THAT THE WEBSITE, EVEDENT SOFTWARE, OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. EVEDENT DOES NOT GUARANTEE SOFTWARE WILL PROVIDE SPECIFIC RESULTS FROM YOUR USE OF THE SOFTWARE, PARTICIPATION IN THE SERVICES OR YOUR USE OF ANY CONTENT, SEARCH, OR LINK ON IT. THE WEBSITE, EVEDENT SOFTWARE, AND ALL SERVICES AND CONTENT WITHIN IT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS THE WEBSITE AND EVEDENT SOFTWARE, YOU DO SO AT YOUR OWN RISK. EVEDENT DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM EVEDENT SITE OR SOFTWARE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.
EVEDENT DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE AND/OR EVEDENT SOFTWARE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE OR EVEDENT SOFTWARE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE EVEDENT WEBSITE, EVEDENT SOFTWARE AND RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK.
12. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL EVEDENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS AND LOSS OF DATA) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE EVEDENT WEBSITE, EVEDENT SOFTWARE AND RELATED SERVICES AND CONTENT.
You agree to defend, indemnify, and hold Evedent and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to (i) your breach of these Terms; (ii) the actions of any person gaining access to the Website under a user ID, password or other unique identifier assigned to you; and (iii) your negligence or willful misconduct.
14. Contact for Alleged Copyright Infringement
Evedent respects the intellectual property rights of others and requires that its users do the same. If you believe that Content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright (a "Work"), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
15. Modifications to these Terms
We may modify and change these Terms over time. We will not "retroactively" change these Terms, and any modifications we make shall take effect proactively, once you next access the Software or Website. Please feel free to print out a copy of these Terms for your records.
These Terms shall not be assignable by you, either in whole or in part. Evedent reserves the right to assign its rights and obligations under these Terms.
17.Juisidiction and Venue
The following provisions shall survive the termination of these Terms and shall apply indefinitely:
Section 4 (Ownership; Reservation of Rights)
- Section 11 (Warranty Disclaimer)
- Section 12 (Limitation of Liability)
- Section 13 (Indemnity)
- Section 16 (Assignment)
- Section 17 (General)
- Section 18 (Survival)
20. Contact Us
If you have any questions about these Terms, the practices of this Site, or your dealings with this Website, please contact us at:
Effective Date: The effective date of these Terms and Conditions is March 31, 2018.