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TERMS OF USE

Effective 25 April, 2014

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

Thank you for visiting www.retrivika.com (this “Site”). This Site is owned and operated by Fridy Enterprises, LLC dba Retrivika® (“Retrivika®”). By accessing and using this Site and/or the services provided through this Site, you agree to these Terms of Use (the “Terms of Use”). If you do not agree, you may not use this Site or the services provided through this Site.

RETRIVIKA SERVICES

The Retrivika services consist of certain services offered through the Retrivika® platform for e-discovery (the “Services”). More information about the Services is available at the Site. Retrivika® reserves the right at any time and from time to time to modify, change, alter, discontinue or cancel this Site, the Services or any part thereof with or without notice. You agree that Retrivika® will not be liable to you or to any third party for any such change.

REGISTRATION OBLIGATIONS

To use the Services, you will need to register with the appropriate agreement with Retrivika® and obtain an account and password. You are solely responsible for maintaining the confidentiality of your account and password and for all activities and liabilities associated with your account and password. If you lose or misplace your password, Retrivika® will not be able to recover it or provide you with access to the Services. You accept all responsibility for any losses that result as a result of losing or misplacing your password. If you become aware of any unauthorized use of your account or password, you must immediately notify Retrivika® of such unauthorized use. You may not transfer your account to any other person or entity. In consideration of your use of the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as required by the registration form provided through the Services (“User Data”); (ii) maintain and promptly update all User Data as required to make such User Data true, accurate, current and complete; and (iii) abide by and follow all terms of Retrivika’s® End User License Agreement provided with the Services (the “EULA”) and all laws, rules, regulations and policies applicable to your use of the Site or the Services.

RESTRICTIONS ON USE

You acknowledge that this Site, the Services, any underlying technology used in connection with this Site and/or the Services, and all software, material, information, graphics, animations, audio, video, photos, and other data or intellectual property (the “Content”) available on this Site or through the Services provided by Retrivika®, its licensors or approved third-party providers is the copyrighted works of Retrivika® or such third parties and is owned by Retrivika® or such third parties.

Except as may otherwise be specifically provided in the EULA or in these Terms of Use you may not use, copy, distribute, republish, upload, post, transmit or reverse engineer any Content or attempt to extract the source code of any software in the Content without the prior written consent of Retrivika®. Modification or use of the Content for any other purpose violates Retrivika’s® or its licensor’s intellectual property rights. The Content on this Site is provided for lawful purposes only.

SUBMISSIONS

All personally identifiable information, content, data, documents, remarks, suggestions, ideas, graphics, or other information that you upload or otherwise make available through this Site or the Services (together, the “Submissions”), is and remains your property or the property of your licensors. You may only upload Submissions in line with the purposes of our software, products and Services. By uploading the Submissions you warrant that you have the right to upload and process the Submissions and agree to indemnify Retrivika® and its officers, employees, agents, and attorneys against any and all claims, liabilities, losses, damages and expenses, including reasonable attorneys’ fees brought by third parties in connection with the uploading and processing of the Submissions. Retrivika’s®obligations to protect any personally identifiable information are detailed in Retrivika’s® Privacy Policy. By uploading or otherwise making available any Submissions, you automatically grant and/or warrant that the owner of such Submissions has granted Retrivika®, a perpetual, royalty-free, fully-paid up, non-exclusive right and license to use, process, transmit, reproduce, modify, create derivative works, publish, distribute, perform, display, store, disclose consistent with the terms of the Privacy Policy, and transmit the Submissions through the Site and/or the Services. This license continues even if you discontinue using the Site and/or the Services. You also permit any other user of the Services to access, view, store, and reproduce the Submissions to the same extent as Retrivika® permitted herein. You acknowledge that you are responsible for all Submissions that you submit, and you, not Retrivika® have full responsibility for the Submissions, including its legality, reliability, appropriateness, originality, and/or copyright.

OBLIGATIONS OF SITE VISITORS

You agree not to do any of the following while visiting or using the Site or any Services provided by or through the Site:

  • restrict or inhibit any other user from using and enjoying the Site or the Services;
  • impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are an employee or representative of Retrivika®;
  • post or transmit unlawful, offensive, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any images or other material depicting nudity;
  • post or transmit comments containing harassing or offensive language or engage in disruptive activities online;
  • post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component;
  • post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters” or any other form of solicitation on the Site or through the Site or the Services;
  • post, upload or transmit any material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other intellectual property and/or proprietary rights;
  • post or transmit material that encourages or provides instructional information about illegal activities, in particular hacking, cracking or distribution of counterfeit software;
  • solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;
  • violate any applicable law or regulation, including without limitation any local, state, provincial, national or international law, any export control laws, or any regulations promulgated by any state or federal authority;
  • access or use password protected, secure or non-public areas of the Site or the Services without authorization;
  • frame, repackage, or otherwise redistribute any portion of the Site or the Services; or
  • use the Site or any Services to collect personally identifying information about users of the Site or the Services, or conduct any activity in violation of the Retrivika® Privacy Policy.

Retrivika® may terminate your access to the Site and/or the Services at any time for any reason or no reason, including, but not limited to, as a result of your violation or threatened violation of any of the obligations described above, in Retrivika’s® sole and absolute discretion.   Retrivika® will not be liable to you or any third party as a result of such termination. The terms and conditions provided in these Terms of Use will survive any such termination.

DISCLAIMER; NO WARRANTY

THE CONTENT AND MATERIAL ON THIS SITE, THE SERVICES AND/OR ANY SEARCH RESULTS MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. RETRIVIKA® DOES NOT PROVIDE ANY WARRANTY AS TO THE RESULT OR CONTENT OF ANY PARTICULAR SEARCH. RETRIVIKA® MAY MAKE CHANGES TO THIS SITE OR THE SERVICES AT ANY TIME. THIS SITE, THE SERVICES AND THE CONTENT AND MATERIALS ON THIS SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RETRIVIKA® MAKES NO WARRANTY THAT THE SITE OR THE SERVICES WILL EVER BE AVAILABLE FOR USE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RETRIVIKA® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES AND ALL MATERIAL AND CONTENT OFFERED THROUGH THE SITE AND//OR THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. RETRIVIKA® DOES NOT WARRANT THAT THIS SITE OR THE SERVICES, THE FUNCTIONS CONTAINED ON THIS SITE OR THE SERVICES, OR THE MATERIALS OR CONTENT ON THIS SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT MESSAGES OR REQUESTS WILL BE DELIVERED OR RECEIVED, OR THAT THIS SITE, THE SERVICES OR THE MATERIALS OR CONTENT ON THIS SITE OR THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.   RETRIVIKA® DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULT OF THE USE OF THIS SITE, THE SERVICES OR THE MATERIALS OR CONTENT ON THIS SITE OR THE SERVICES RELATED TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL RETRIVIKA® BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, THE SERVICES, ANY WEBSITES LINKED TO THIS SITE, THE MATERIALS, CONTENT OR INFORMATION CONTAINED ON ANY OR ALL SUCH SITES, OR THE MATERIALS, CONTENT, PRODUCTS OR SERVICES OFFERED ON THIS SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RETRIVIKA®, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, THE SERVICES OR ANY MATERIALS OR CONTENT OFFERED THROUGH THIS SITE OR THE SERVICES BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THIS SITE OR THE SERVICES. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. RETRIVIKA’S® TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION RELATED TO THIS SITE AND THE SERVICES, THE MATERIALS AND CONTENT ON THIS SITE OR THE SERVICES OR YOUR ACCESS OR USE OF THIS SITE, THE SERVICES OR THE MATERIALS AND CONTENT OFFERED THROUGH THIS SITE OR THE SERVICES WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE, THE SERVICES OR ANY MATERIALS OR CONTENT OFFERED THROUGH THIS SITE OR THE SERVICES.

THIRD PARTY WEBSITES AND DOWNLOADABLE MATERIALS

This Site contains downloadable materials and may from time to time contain links to external sites. Retrivika® is not responsible for, and has no control over, the content of such downloadable materials or external sites. The inclusion of any links does not imply endorsement by Retrivika® of any such sites. You understand that Retrivika® cannot and does not guarantee or warrant that files or software of any kind, from any source, that are available for downloading through this Site or the Services or through third party websites linked to this Site, will be free of infection, viruses, worms, Trojan Horses or other code or defects that contain or incorporate contaminating or destructive properties.

PRIVACY POLICY

Our policies concerning the use of your personal information are set forth in our Privacy Policy available at: www.retrivika.com (“Privacy Policy”). The terms of the Privacy Policy are incorporated herein by this reference. Please carefully review the information contained in the Privacy Policy. By using this Site, the Services and/or the materials or Content provided through this Site or the Services, you agree to waive and release Retrivika® from any claim or liability in connection with the collection, use, or disclosure of information that is consistent with the terms of the Privacy Policy.

INDEMNIFICATION

If you are using the Site and/or the Services on behalf of any business or entity, that business or entity agrees to these Terms of Use. You and/or the business or entity agree to indemnify and hold Retrivika®, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of any Content you submit, post to, email, or otherwise transmit through this Site and/or Services, your use of this Site and/or the Services, your connection to this Site or the Services, or your breach of these Terms of Use or the EULA.

TERMINATION

You may discontinue your participation in and access to the Services at any time. You acknowledge and agree that Retrivika® may terminate or block your use of all or part of this Site and/or the Services, without prior notice and for any reason or no reason at all. You agree that upon termination or discontinuance for any reason, Retrivika® may delete all information related to you on the Services and may bar your access to the Site and/or your use of the Services.

PAYMENT TERMS

With respect to any products or services ordered or purchased from Retrivika® or through the Site, the terms of payment for such products or services are within Retrivika’s® sole discretion. Unless otherwise agreed to by Retrivika® in a separate written agreement, payment is due at the time of purchase. Unless otherwise agreed to in a separate written agreement, your order is subject to cancellation by Retrivika at any time and for any reason in Retrivika’s® sole discretion.

SHIPPING CHARGES, TAXES, TITLE AND RISK OF LOSS

Any products or services that you order from Retrivika® may be subject to additional fees including, without limit, shipping, handling and taxes. These fees are in addition to the purchase price unless otherwise expressly indicated at the time of sale. Title to products passes from Retrivika® to you upon delivery by Retrivika® of the product to a carrier. Loss or damage that occurs during shipping by a carrier selected by Retrivika® is Retrivika’s® responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify Retrivika® within 30 days of the date of payment for any products or service you order if you believe any part of your order is missing, wrong or damaged. Unless you provide notice, you are responsible for sales and other taxes associated with the order. Shipping and delivery dates are estimates only.

COPYRIGHT ACT AGENT

We respect the intellectual property rights of others, and require that the people who use this Site and/or the Services do the same. If you believe that your work appears on this Site or the Services and has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury that the above information contained in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Copyright Agent

801 3rd St South, Saint Petersburg, FL 33701

info@retrivika.com

TRADEMARK INFORMATION

All registered trademarks used on this Site or the Services, including, but not limited to trademarks used on this Site or the Services that may not be owned by Retrivika®, are the property of their respective owners.

MISCELLANEOUS

By accessing this Site and/or using the Services, you agree to these Terms of Use. If you do not agree with these Terms of Use, do not access this Site or any Services. We reserve the right to change these Terms of Use at any time in our sole discretion. You should periodically check this Site for any changes that may have been made to these Terms of Use. Whether or not you actually review changes as they are made, your use of this Site and/or any Services signifies your acceptance of any such changes. These Terms of Use will be governed and interpreted in accordance with the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law. If either party institutes any lawsuit or other action or proceeding pertaining to these Terms of Use, any right or obligation of any party hereunder, or any breach of these Terms of Use, then the sole and exclusive venue and jurisdiction for filing and maintaining any such lawsuit or other action or proceeding shall be in the Courts sitting in Pinellas County, Florida or the U.S. Middle District of Florida and each of the parties waives the right to institute or maintain any such suit, action or proceeding in any other courts or forums whatsoever. By using the Site you consent and submit yourself to the personal jurisdiction of such court.   You agree that in the event of a breach by you of any provision of these Terms of Use, Retrivika shall be entitled to seek and obtain injunctive or other equitable relief, or both, in each case without the requirement to post any bond or other form of security, and without such act constituting an election of remedies or disentitling Retrivika to each and every remedy available at law or in equity for a breach of this Agreement by you. If any part of these Terms of Use is deemed to be unlawful, void, or unenforceable, that part will be severed and will not affect the validity and enforceability of any remaining provisions. These Terms of Use, together with the EULA, constitute the entire agreement between the parties relating to the use of this Site and the Services. Retrivika may revise these Terms of Use at any time without providing notice by posting updates to these Terms of Use on the Site.