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Terms & Conditions of Use

Dated: February 3, 2023

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I have read the Terms and Conditions of Use (below) and agree to them.  

  1. This Terms and Conditions of Use ("Agreement") is a legal agreement between you and Mayfair Group LLC  (hereinafter referred to as "Mayfair"), the owner and developer of the ClaimEdge® and eSumry websites and online services, which are accessed at https://www.claimedge.co and https://www.esumry.com, respectively.

  2. By registering for, accessing, or using any materials or services provided by Mayfair (the "Online Services"), you agree to be bound by all the terms (the "Terms") set forth in this Agreement. The terms "you" and "your" in uppercase or lowercase shall mean the person or entity (e.g. company, corporation, partnership, sole proprietor, etc.) using the Online Services. If you are using the Online Services on behalf of a business or other entity, you represent that you have the legal authority to accept these Terms on behalf of that business or entity. IF YOU DO NOT AGREE TO THE TERMS, DO NOT REGISTER FOR OR ACCESS ANY MAYFAIR SERVICE.

ACCESS TO AND USE OF SERVICES

  1. You are granted a nonexclusive, nontransferable, limited right to access and use the Online Services made available to you, subject to the following:

    1. If you are not an Authorized User, you are not permitted to access or use the Online Services for any purpose whatsoever. If you nevertheless access and use the Online Services without authorization, you will be liable to Mayfair for any breach of these Terms and Conditions of Use, as well as for unauthorized access and payment for use at the applicable rates.

    2. ClaimEdge® is a registered trademark of Mayfair Group LLC. eSumry is an authorized name of Mayfair Group LLC. You may not exploit the goodwill of Mayfair, including its trademarks, service marks, or logos without the express written consent of Mayfair. Additionally, under no circumstances may you or any Authorized User offer any part of the Online Services for commercial resale or commercial redistribution in any medium.

    3. All right, title, and interest (including all copyrights, trademarks, and other intellectual property rights) in the Online Services in any medium belongs to Mayfair. You do not acquire any proprietary interest in the Online Services, materials, or copies thereof, except the limited rights granted herein.

    4. You may not use the Online Services in any fashion that infringes the intellectual property rights or proprietary interests of Mayfair or any third party. You must not yourself, or permit any other person, to reproduce, duplicate, copy, sell, trade, repackage, broadcast, reverse engineer, resell or exploit for any commercial purposes, in whole or in any part, any of the Online Services, content or infrastructure.

    5. Your use of the Online Services must comply with all applicable laws, rules, and regulations.

    6. You cannot assign this Agreement or in any way transfer your access to the Online Services to another party.

    7. Other provisions that govern use of the Online Services are set forth in the Privacy Policy, which is incorporated by reference into this Agreement.

  2. You are required to register to access or use certain Online Services. When you register, you must provide accurate, complete, and current information about yourself; you must safeguard the username and password provided to you; and you must not allow others to access the Online Services using your username and password.

  3. You agree to access the Online Services only through the interface that is provided by Mayfair. Should there be any breach of this requirement, Mayfairshall be entitled to (a) equitable and injunctive relief to prevent unauthorized, negligent, or inadvertent use or disclosure, and (b) recover the amount of such damage (including attorney's fees and costs) to Mayfairin connection with such breach.

  4. Cookies are necessary for functionality, analytics, and tracking. By accessing or using the Online Services, you agree to accept all cookies.

  5. The Online Services allow users to analyze, annotate, and summarize witness testimony by uploading digital deposition transcripts for searching and automated review to produce an output file for each deposition. To establish an account, you must provide your first and last name, work email address, username, and password. We use this information to authenticate users and provide the Online Services. When you access or use the Online Services, we log the file name of the document you upload, username, processing date, and any user-entered keywords. We may also record and analyze your interactions with the service to improve the user experience. We may employ a third-party for this, such as Google Analytics. The analytics we store will not include text from your uploaded document or notes you enter related to your document.

  6. Documents are automatically saved when they are first processed and will be retained until you delete them. We allow for saving your progress so you can leave your work and come back to it later. We utilize Amazon Web Services (AWS) to securely store the uploaded document and any related information you enter for it. You can delete these files at any time using the interface provided. Once deleted, they cannot be restored.

  7. You agree that the Online Services will only be used by You for your own business or professional purposes. You will not use the Online Services for any competitive or improper purposes. You will use reasonable efforts to prevent unauthorized use by others and will promptly notify Mayfair, in writing, if you suspect another person or entity is misusing, compromising, or wrongfully accessing the Online Services. Additionally, you agree that:

    1. Use of the Online Services is permitted only by discrete, individual activities performed by a human. Any use of the Online Services via mechanical, programmatic, robotic, scripted, or other automated means is prohibited.

    2. To comply with local privacy, data protection and other laws, You may not access Mayfair outside of the United States. Please review our current Privacy Policy, available at https://www.claimedge.co/privacy-policy[JC1] , which contains important information about our practices in collecting, storing, using and disclosing information about identifiable individuals (“Personal Information”) and which is hereby incorporated into and forms a part of this Agreement.

    3. The Online Services may be enhanced, added to, withdrawn, or otherwise modified by Mayfairwithout notice and in its sole discretion.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

  1. Mayfairprovides the Online Services on an "as is" basis and does not make any warranty, express, implied, limited or otherwise with respect to the services provided. Specifically, Mayfair does not warrant that the Online Services will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the Online Services will be corrected.

  2. Mayfair shall not be liable to you or anyone claiming on your behalf for any loss, injury, claim, liability, or damage of any kind resulting in any way from:

    1. Any content, errors in, or omissions from the Online Services available or not included therein.

    2. The unavailability or interruption of the Online Services.

    3. Your use of the Online Services.

    4. The loss or corruption of any data or equipment in connection with the Online Services.

    5. The omission of inaccuracy of any third-party provided data.

  3. BY ACCESSING OR USING THE ONLINE SERVICES, YOU ACKNOWLEDGE THAT THE PROVISION OF CONTENT AND SOFTWARE ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS, AND LOSSES, INCLUDING THE LOSS OR CORRUPTION OF DATA OR DAMAGE TO MEDIA, AND THAT MAYFAIR SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR DAMAGES ARISING FROM SUCH LOSSES.

  4. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY OF THE PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR THE SUBSCRIPTION AGREEMENT EXCEED THE AMOUNT YOU PAID FOR THE ONLINE SERVICES IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES.

  5. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO A PARTY’S INDEMNITY OBLIGATIONS OR YOUR (AND YOUR AUTHORIZED USERS') INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO MAYFAIR OR ITS THIRD-PARTY SUPPLIERS.

  6. The provisions above shall constitute your sole and exclusive remedy for any dispute with Mayfairover the Online Services.

THIRD-PARTY LICENSES

  1. Mark.js

This license applies to the Mark.js plugin:

The MIT License (MIT)

Copyright (c) 2014–2019 Julian Kühnel

Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.

MISCELLANEOUS

  1. These Terms and Conditions of Use are subject to change at any time, effective upon notice to you.

  2. All notices and other communications between the parties shall be in writing or displayed electronically in the Online Services. Notices shall be deemed to have been properly given on the date deposited in the mail, if mailed; on the date emailed to you, if emailed; on the date first made available, if displayed in the Online Services; or on the date received, if delivered in any other manner. Any notices to Mayfair shall be sent to: Mayfair Group LLC, 150 W. Main St., Suite 1923, Norfolk, VA 23510, attention: Legal Department.

  3. The failure of Mayfair to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

  4. The Agreement and any amendment thereto shall be binding on and will inure to the benefit of the parties and their respective successors.

  5. If You fail to properly secure Your access to the Online Services or allow others to access the Online Services with your user credentials, and this results in an unauthorized or illegal use of the Online Services, then the following provisions will apply:

    1. You will be solely liable for all claims that may arise from the unauthorized access caused by You and you will indemnify, defend, and hold harmless Mayfair, and its officers, directors and employees, from any third-party claims, losses or damages (including attorney fees and litigation costs) arising or resulting from the unauthorized access; and

    2. All data breach notifications and indemnity claims related to the unauthorized access will be solely at your expense.

  6. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia regardless of the law that might otherwise apply under applicable principles of conflicts of law. All parties consent to the state courts of Virginia, located in Norfolk, Virginia as the appropriate jurisdiction and venue for any action arising out of or related to the interpretation and/or enforcement of the Agreement.

  7. This Agreement shall be enforced to the fullest extent permitted by applicable law. If any provision of the Agreement is held to be invalid or unenforceable to any extent, then: (a) such provision shall be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent, and (b) such invalidity or unenforceability shall not affect any other provision of the Subscription Agreement.

  8. This Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals, or quotations between them.

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