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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING
ANY PAGES IN THIS WEB SITE. By using or accessing this web site you
signify your acknowledgment and assent to the terms and conditions
of use set forth below. If you do not agree to these terms of use,
please do not use this web site. Digital Evidence Group, LLC ("DEG")
can revise these terms of use at any time without notice by updating
this posting, and your use after such change signifies your acceptance
of the changed terms. Please check these terms of use periodically
for changes.
CONTENTS
In connection with viewing and using this web site you are permitted to temporarily
download one copy of the materials posted on this website onto a single computer
for your personal, non-commercial use only. Except as otherwise specifically
provided elsewhere on this website, redistribution, retransmission, republication
or commercial exploitation of the contents of this web site are expressly prohibited
without the written consent of DEG and any copyright owner from whom we have
obtained a license. Requests for such permission should be sent to info@digitalevidencegroup.com.
All rights not expressly granted herein are reserved. Downloading of any information,
content or images from this website does not transfer any right or ownership
of such information, content or images to you, and such information, content
or images may be used solely in accordance with these terms of use. You may not
mirror or archive any part of this site or any material contained on this site
on any server or computer without DEG's written permission.
This web site contains hyperlinks to third party web sites which
are the sole responsibility of such independent third parties,
and use thereof is solely at your own risk. DEG has no control
over the content or policies of such third party web sites, and
we are not responsible for (and under no circumstances shall
be liable for) the contents, accuracy or reliability of any web
sites hyperlinked to this web site. Those who choose to access
information from this web site (including any information obtained
through any hyperlink) are solely responsible for the compliance
of such information with any applicable law.
Any unauthorized access, modification or change of any information, or any interference
with the availability of or access to this web site is strictly prohibited. DEG
reserves all legal rights and remedies available to it and this disclaimer shall
in no way be deemed a limitation or waiver of any other rights DEG may have.
PRODUCTS, SERVICES AND SOFTWARE
Downloading software from this web site does not give you title to such software,
including any files, data and images incorporated in or associated with the software.
Your use of any such software shall be only in accordance with the license agreement
that is included with the software or presented upon download of such software.
Software available on this web site is copyrighted by DEG or its owner. Software
may not be copied, redistributed or placed on any server for further distribution.
You may not sell, modify, decompile, disassemble, or otherwise reverse engineer
the software.
A description or reference to a third-party product, service or publication on
this web site (including any description or reference via hyperlink) does not
imply endorsement by DEG of that product, service or publication. Products offered
through this web site shall be warranted, if at all, through the written license
or warranty provided in connection with such product.
TRADEMARKS AND COPYRIGHTS
Our web site contains many DEG and third-party trademarks and service marks including
the DEG Logo. All marks are the property of their respective companies. All rights
in the intellectual property contained in this web site including copyright,
trademarks, trade secret and patent rights are reserved. Nothing on this web
site shall be construed as conferring any license under any product images, graphics
or other intellectual property except as explicitly provided in these terms.
Except as otherwise noted, DEG is the owner of all trademarks and service marks
on this website, whether registered or not. All registered trademarks are registered
in the United States of America (and other applicable jurisdictions).
For professional videography services, DEG charges an hourly fee, which the scheduling
party agrees to pay, to be present to record the deposition on videotape, or
other suitable electronic format. This hourly fee does not include any product
or recording made by DEG. All product and/or recording is available to any party,
subject to restrictions in a valid Protective Order, for a separate fee.
Those requesting professional videography services from DEG understand
and agree that the purchase of products from DEG, including recordings
of depositions on any media and in any format, is subject to any
and all copyrights of DEG. Purchaser, by act of a product purchase,
is not given permission, unless explicitly given by DEG in writing,
to copy or re-format any copyrighted material. Purchaser is granted
permission to view and re-play, unaltered, only the product purchased,
including in the format purchased. Any reformatting or copying is expressly
forbidden. Any and all copyright shall be exclusively held by DEG.
All parties agree DEG is not being hired for the purpose of creating
a "work for hire." All
recordings copyrighted by Digital Evidence Group, LLC, 2003-2005.
AVAILABILITY OF PRODUCTS AND SERVICES
It is the policy of DEG to offer for sale the recorded product to all parties,
including, but not limited to VHS tapes, MiniDV tapes, CD-ROM and DVD recordings.
As an independent videographer, if the product is available to one party, it
is required that we make it available to all parties.
After a recording session has concluded, DEG offers auxillary services for additional
fees. These services include:
1) transcoding, or re-formating, the recorded material into any number of formats;
2)
synchronizing video to a written transcript; and
3) securely publishing video content on the Internet that is available on-demand
in a web browser, adjacent to a scrolling synchronized transcript.
Each of the
above services, if provided by DEG as an independent service provider, is also
required to be offered to all eligible parties.
DEG also provides trial consulting services. Once we have been retained, in writing
at a time after the conclusion of the discovery period, by one party, our relationship
with the remaining parties is altered as we become privy to certain strategies
and methodologies undertaken in preparation for trial. Once we have been retained
as trial consultants, the Hiring Firm becomes our client while the others remain
customers. The services we provide customers may become limited, as we owe clients
a higher duty to attend to their needs. Nevertheless, it is DEG policy not to
discuss or disclose the products or services purchased by another customer; the
prices offered or paid by another customer; or any special, promotional, relational,
or bulk price discounting.
If DEG is asked to perform work that presents a conflict of interest once DEG
has been retained as a trial consultant, DEG may be required to abstain from
performing the work. If there is a question as to the existence of a conflict
of interest, DEG may consult its client to determine if DEG is free to provide
products or services to another party.
NO REPRESENTATIONS OR WARRANTIES
DEG makes no representations or warranties that this web site is free of defects,
viruses or other harmful components. We shall not be responsible for any damages
or loss that may result from the hacking or infiltration of this web site or
DEG's computer systems. The pages on this web site may contain technical inaccuracies,
outdated information and typographical errors. THIS WEB SITE IS PROVIDED "AS
IS." DEG DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE
OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT,
ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT
ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED
BY WAY OF THIS WEB SITE. WE DO NOT WARRANT THAT THIS WEB SITE WILL BE ERROR-FREE
OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DEG BE LIABLE FOR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION
OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEB SITE,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW
MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL DEG'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
THIS WEB SITE.
JURISDICTION AND CHOICE OF LAW
DEG controls and manages this web site from its facilities in the state of Maryland.
Unless otherwise stated, materials and content on this web site are presented
solely for promoting products and services in Maryland and the United States
of America. Information published on this web site may contain references to
products, programs and services that are not announced or available in your country
or region. We make no representation that such information, products, programs
or services referenced on this web site are legal, available or appropriate in
your country or region.
These terms of use shall be governed by and construed in accordance with the
laws of the State of Illinois, without giving effect to any principles of conflicts
of law. You and DEG irrevocably consent to the exclusive jurisdiction of the
courts located in Illinois in connection with any action arising out of or related
to these terms of use or their subject matter. You and DEG waive any objection
based on lack of personal jurisdiction, place of residence, improper venue or
forum non conveniens in any such action.
SEVERABILITY
If any provision of these terms of use shall be deemed unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable from
the remaining terms of use and shall not affect the validity and enforceability
of any remaining provisions.
Specific areas or pages of this website may include additional or different terms
relating to the use of this web site. In the event of a conflict between such
terms and these terms of use such specific terms shall control.
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