Last Updated September 4, 2020.
These Terms & Conditions (this “Agreement”) apply to your access and/or use of the DepoDirect platform, websites, mobile sites, and applications (collectively, the “Sites”) and the DepoDirect video services, DepoDirect transcription services, DepoDirect deposition services, content, features, and services (collectively the “Services”). “We” and “DepoDirect” mean Digital Reporters d/b/a DepoDirect, a California Limited Liability Company and/or its affiliates that are providing the Services to you. The terms “User” and “You” mean any user of the Services.
1. Access and Use
By accessing or using the Services, or attending depositions or sessions or events, or by clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by the terms of this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services.
DepoDirect may update or revise this Agreement from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. If you do not agree to the terms of this Agreement or any modified version of this Agreement, you must terminate your use of the Services, in which case you will no longer have access to your Account.
You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify DepoDirect of any unauthorized use of your Account or any other breach of security related to your use of the Services.
4. Updates to Services
DepoDirect reserves the right to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the DepoDirect Sites, the DepoDirect deposition platform, and/or Services provided by DepoDirect. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
5. Intellectual Property
The features, information, and materials provided through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “DepoDirect Content”) are provided to the User by DepoDirect or its partners or licensees solely to support User’s permitted use of the Services. The DepoDirect Content may be modified from time to time by DepoDirect in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the DepoDirect Content by User shall constitute a material breach of this Agreement. DepoDirect and its partners or licensees retain all rights in the Services and DepoDirect Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of DepoDirect or any third party is granted under this Agreement.
6. Restrictions & Termination
The Services and DepoDirect Content are offered solely for the User’s personal use for the purposes described in this Agreement, such as depositions and deposition services. Any and all other uses are prohibited. DepoDirect expressly reserves all its rights and remedies under applicable laws. DepoDirect reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services, within allowance by the applicable court of law. DepoDirect may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, DepoDirect may suspend your access to the Services if we believe you to be in violation of any part of this Agreement. After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account, and, where applicable, you may lose access to and be unable to use any of the Services. You agree that DepoDirect shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement.
During use of the Services, You may submit, transmit, post or otherwise provide content, including, but not limited to, reviews, comments, ratings, photos, images, videos, sounds, text, data, links and location information, exhibits, other legal documentation; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic (unless used in a deposition exhibit for purposes allowed by law), infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of a third party’s publicity or privacy rights, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations. Your User Content should be unbiased and objective. You may not submit reviews, comments or ratings for which you are being compensated in any manner, or for your own practice or any pracitce of your employer, friend, relative or a competitor. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. The name or handle you choose to provide to DepoDirect may be displayed publicly with such User Content. DepoDirect reserves the right (but has no obligation) to monitor, remove, or edit User Content in DepoDirect’s sole discretion, including if User Content violates this Agreement (including any DepoDirect Policies), but you acknowledge that DepoDirect may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant DepoDirect a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers, partners and other third party websites and feeds) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media, and, where applicable, you hereby waive any privacy or publicity rights or any similar rights in an individual’s name or likeness in addition to any moral or other rights you may have in the User Content you submit in favor of DepoDirect. You represent that you own, or have the necessary permissions to use and authorize the use of User Content as described herein. DepoDirect takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party, nor do we guarantee any confidentiality with respect to User Content.
8. Representations & Warranties
You represent and warrant that you own or otherwise control all of the rights to any User Content contributed by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by DepoDirect and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at DepoDirect’s request) defend DepoDirect, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “DepoDirect Parties”) from and against all claims resulting from (1) any User misuses of the deposition platform, (2) any User Content submitted by You, (3) your use of the Services, or (4) any breach or alleged breach by you of this Agreement. User agrees to have their credit card charged for any charges associated with Services received from or by DepoDirect.
User represents and warrants that User will not record, record film, take photos, take screenshots, or the like without prior written consent from DepoDirect.
9. Limitations on Liability
EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL DEPODIRECT BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE DEPODIRECT PLATFORM, SITES, SERVICES, THE DEPODIRECT CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES), OR (4) YOUR APPEARANCE AND/OR INVOLVEMENT IN ANY DEPOSITION AND/OR SIMILAR SERVICE, AND/OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY DEPOSITION OR IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE DEPODIRECT SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE DEPODIRECT CONTENT. DEPODIRECT IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY THIRD PARTY SERVICES SUCH AS TRANSCRIPTION SERVICES AND THE LIKE FOR WHICH A USER HAS MADE A RESERVATION, CLAIMED AN OFFER, OR PAID A BILL USING THE PAYMENT SERVICES OR ANY MERCHANT THAT ISSUES A SERVICE. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND DEPODIRECT CANNOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES, ALL DEPODIRECT CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. DEPODIRECT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE , TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. DEPODIRECT DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEPODIRECT WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. DEPODIRECT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF DEPODIRECT. Third parties are solely responsible for their interactions with You and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you (or, if applicable, any recipient of an DepoDirect or a third party merchant service) as a result of your (or such recipient’s) interaction with or visit to any deposition service or third party service. Users must resolve all disputes directly with the third party for which the dispute arose. To the maximum extent permitted by applicable law, you hereby release the DepoDirect Parties from any and all such Claims.
10. Third Parties
The Services may contain links to websites and applications operated by parties other than DepoDirect. Such links are provided for User’s reference only, and DepoDirect does not control such websites and is not responsible for their content. DepoDirect’s inclusion of any links to such websites or applications does not imply any endorsement of the material on such websites or applications or any association with their operators. DepoDirect assumes no liability whatsoever for any such third-party websites, applications or any content, features, products, or services made available through such third-party websites or applications. Additionally, Apple Inc., Google, Inc., or Microsoft Corporation will be a third-party beneficiary to this contract if you access the Services using applications developed for Apple iOS, Android, or Microsoft Windows, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service, including any license transferability and other usage rules therein.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by DepoDirect.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
THIS IS AN ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE.
If you are a resident of the United States (including its possessions and territories) or Canada, you agree that any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the DepoDirect Parties or their successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state or provincial/territorial arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
In the case of arbitration and where permitted by law, you are thus agreeing to GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
Arbitration will take place in the city of Los Angeles, California.
Purchasing any product or service made available by DepoDirect (“Purchase”), may require you to provide certain information relevant to your Purchase, including, but not limited to, credit card information, billing address, shipping address, name, and account information.
When purchasing from DepoDirect, You represent and warrant that: (1) You have the legal right to make a Purchase and/or enter into an Agreement with DepoDirect for services in connection with any Purchase; and (2) that the information You provide is accurate and complete.
We reserve the right to refuse and/or cancel your order at any time for reasons including, but not limited to: product or service availability, errors in the description or price of the product or service, errors in the order, or for any other reasons. Additionally, we reserve the right to refuse and/or cancel your order if fraud or unauthorized or illegal transaction is suspected or the terms of this Agreement are violated in any way.
16. Payment Terms
We are frequently updating our products and service offerings. The products and services available may be mispriced, described inaccurately, or unavailable, and/or we may experience delays in updating information on the Services and/or in our advertising. You expressly agree that any such offer of a product and/or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, products, specifications, availability, and/or services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
If We do not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card before continuing to use the Services. You authorize us to charge outstanding fees and other amounts due to Us against any credit card you have on file with us. We reserve the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies.
If your account is more than 30 days past due, and is forwarded to a collection agency, you will additionally be liable for any recovery fees charged by the agency. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution, including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your credit card statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. We may modify the price, content, or nature of the Services at any time. At our sole discretion, we may grandfather in the prices of certain members based on factors such as sign up date and good standing. We will notify members receiving such grandfathered rates prior to the implementation of any price change. If We modify any of the foregoing terms, you may cancel your membership, and such cancellation shall be your sole remedy. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on Our website.
In addition to agreeing to have User credit card charged for lost or stolen property, User agrees to have their credit card charged and/or surcharged for occupying any late payment, non payment or the like.
Cancellation. Any and all cancellations must be made in writing and prior to 5pm the day before the booked time. If cancellations are not made in this time, User will be responsible for the full payment for the deposition and/or services which were to be rendered.