Nutzungsbedingungen der Webseite

Last Revision Date: May 1, 2019

This website, including all of its features and content ("Website"), is made available by KLDiscovery Ontrack, LLC (hereafter known as “KLDiscovery”) and is subject to this Terms of Use Agreement ("Agreement").

KLDiscovery is a group of companies specializing in electronic discovery and data recovery solutions and operates through group companies across the world. 

This Agreement is a contractual agreement between you ("you," "your") and KLDiscovery regarding your use of this Website. You should print a copy of this Agreement for your records. This Agreement shall not apply to any services provided to You by KLDiscovery which shall be provided according to the written agreement for the applicable services.

DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE WITH THESE TERMS

KLDiscovery reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement, or to change or delete any features of this Website, at any time, with or without prior notice to You. Such modifications, alterations, and updates of this Agreement shall be effective immediately upon posting upon the Website. You agree to be bound by such modified, altered and updated terms if You access or use this Website after KLDiscovery has posted notice of modifications, alterations or updates. If you do not agree with any of the modified, altered or updated terms, then You should not use this Website after such modifications, alterations or updates have been posted.

This Website may permit You to link to other websites that may or may not be affiliated with this Website and/or with KLDiscovery. These other linked websites, including the websites of KLDiscovery's group companies, as well as the websites of KLDiscovery's third party service providers, or partners (collectively "Third Parties") may have different terms of use that are not the same as in this Agreement. Your access to and use of such linked websites through links provided on this Website are not governed by this Agreement, but instead are governed by the terms of use and policies of those websites, and KLDiscovery disclaims any and all responsibility for your access to and use of such linked websites.

USE OF THIS WEBSITE AND INTELLECTUAL PROPERTY RIGHTS

KLDiscovery controls and operates this Website. All content on this Website, including, but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips, and video clips, is the property of KLDiscovery or its Third Parties, and is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by and subject to United States and international copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The content is owned and controlled by KLDiscovery, its group entities, or the Third Parties that have licensed or otherwise made available their content or the right to market their products and/or services to KLDiscovery.

You may not use any registered or unregistered trade marks, service marks, copyrighted materials or other proprietary information or intellectual property appearing on this Website, including, but not limited to, any logos, images or characters, meta tags or similar code, or hidden text or elements containing such information or property, without the express written consent of the owner of the trade mark or copyright. You may not frame any trade marks, service marks, copyrights, logos, images, text, or other proprietary information or intellectual property of KLDiscovery, or otherwise incorporate into another website any of the content or other materials on this Website, without KLDiscovery's express prior written consent. You may not deep link to any page or portion of this Website without KLDiscovery's prior written consent.

Violation of trade mark and copyright laws ("Infringement") may result in significant civil liability or criminal penalties under United States and/or international copyright and trade mark laws. You recognize that any reproduction or use of content, copyrights, trade marks, service marks, or other intellectual property on this Website, except as authorized by this Agreement, is considered intentional Infringement.

YOUR RESPONSIBILITIES

You warrant and represent to KLDiscovery that you will not use this Website for any purpose that is unlawful, illegal or prohibited by this Agreement, including, without limitation, engaging in any of the Prohibited Activities set out below, together with the sending, posting, transmitting, displaying, distributing, or knowingly receiving of or searching for any threatening, harassing, libelous, defamatory, obscene, scandalous, inflammatory, sexually oriented, pornographic, or profane material, content or images, or other images, content or messages that might be considered lewd, lascivious, excessively violent or otherwise offensive. If you violate any of these responsibilities, KLDiscovery may immediately terminate Your access to this Website.  KLDiscovery, at its sole discretion, retains the right to deny access to this Website to anyone for any reason, including for violation of this Agreement.

You agree that any information that you provide will be true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete (or KLDiscovery has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete), KLDiscovery has the right to suspend or terminate your access and activity relating to, and to refuse any and all current or future use of, this Website.

PROHIBITED ACTIVITIES

You are specifically prohibited from any use of this Website, and you agree not to use or permit others to use this Website, without limitation, for any of the following:

(a) take any action that imposes an unreasonable or disproportionately large load on, or waste of valuable time for, the Website's infrastructure or resources, including, but not limited to, sending or promoting the distribution of "spam," "junk mail," chain letters, or other such unsolicited or unlawful mass e-mailing techniques;

(b) disclose to, or share with, any unauthorized third parties the ID's, assigned confirmation numbers and/or passwords, or use the ID's, assigned confirmation numbers and/or passwords for any unauthorized purpose, or otherwise allow or facilitate others to gain access to KLDiscovery's information technology systems, environments, networks, files, data or accounts through the use of the ID's, assigned confirmation numbers and/or passwords;

(c) access or attempt to access KLDiscovery's information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained (including access to data not intended for You), or log into a server or account that you are not authorized to access;

(d) attempt to decipher, decompile, disassemble, modify, remove or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Website;

(e) interfere with, disrupt, disable or damage (or attempt to interfere with, disrupt, disable or damage), in an unauthorized manner, the use or operation of this Website or KLDiscovery's, its affiliated or related entities' or the Third Party's systems, equipment or applications, or service to any user, host, or network, including by use of any programs, scripts, commands, viruses, worms, web bugs, harmful code, Trojan horses, other contaminants, or otherwise. This includes "denial of service" attacks, "flooding" of networks, deliberate attempts to overload a service or to burden excessively a service's resources, attempts to "crash" a host, and/or modifying or rerouting any content or services provided at this Website;

(f) attempt to circumvent or subvert system or network security (i.e., authentication) mechanisms, or probe the security of any system, network, or account, associated or used in conjunction with this Website;

(g) upload, post, e-mail or otherwise transmit any information, content, or proprietary rights that you do not have a right to transmit under this Agreement, any law or other contractual or fiduciary relationships; and/or

(h) use any robot, spider, intelligent agent, meta-searching, other automatic device, or manual process to search, monitor or copy KLDiscovery's Website pages or the content.

WARRANTIES

All content, products and services on this Website, unless otherwise expressly stated in writing by KLDiscovery, are provided "as is" and without warranties of any kind, either express or implied, other than those warranties which, under U.S or other jurisdictional laws, are implied by law and are incapable of exclusion, restriction, or modification. KLDiscovery disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

No company within the KLDiscovery group of companies, nor the Third Parties, nor any person involved in the creation, production, hosting and/or distribution of this Website, warrant that the functions, features or services contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components. The content that You access on this Website is provided solely for Your convenience and information. KLDiscovery does not warrant or make any representations regarding the results that may be obtained from the use of this Website, or as to the reliability, accuracy or currency of any content, service, and/or merchandise provided or acquired pursuant to Your use of this Website.

Your use of this Website is at your own risk. You assume the entire cost of all necessary servicing (including, without limitation, your internet connection) and repair or correction of your computer, network and/or system.

LIMITATION OF LIABILITY

In no event shall KLDiscovery, nor any of its group companies or their respective officers, directors, employees or agents, or any person or entity involved in the creation, production, distribution and hosting of this Website, be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, of any kind, whether arising under contract, warranty, or tort (including negligence) or any other theory of liability, regardless of whether KLDiscovery (or its group companies) knew or should have known of the possibility of such damages, including, without limitation, from the use or attempted use of this Website or any other linked site.  The maximum liability of KLDiscovery arising from any liability pursuant to Your use of this Website shall be limited to $10,000.

GOVERNING LAW AND JURISDICTION

By accessing this Website, you agree that this Agreement and your use of the Website shall be governed in all respect by the laws of the State of Virginia, without regard to any conflict of laws provisions, and shall not be governed by the United Nations Convention on the International Sale of Goods. You further agree to submit to the exclusive jurisdiction and venue in the state and federal courts located in the State of Virginia for all disputes, cases and controversies regarding this Website, Your use of this Website, and any matter arising out of or related to this Agreement.

INDEMNIFICATION

You agree to indemnify, defend and hold KLDiscovery, its group companies and their officers, directors, employees, affiliated or related entities, Third Parties, agents, licensors, and suppliers, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of this Website, your breach of any provision of this Agreement and/or any negligent acts, omissions or intentional wrongdoing by you.

NO LEGAL ADVICE

The information provided on this Website is neither designed nor intended to provide legal or other professional advice but is intended merely to be a starting point for research on the subject of legal technology. While every attempt has been made to ensure accuracy of this information, no responsibility can be accepted for errors or omissions.

GENERAL PROVISIONS

KLDiscovery's failure to act with respect to a breach by You or others does not waive KLDiscovery's right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. You and KLDiscovery are dealing at arms' length, creating a commercial relationship. KLDiscovery is not your agent, representative or fiduciary. The provisions and conditions of this Agreement, and each obligation referenced herein, represent the entire Agreement between KLDiscovery (including the Third Parties), its group companies and You, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between this Agreement and any future published terms of use or understanding, the last published Agreement shall prevail.

ACCOUNT CREATION

In order for You to use certain services or software on this Website or to request information, you may be required to open an account for the purposes of creating a user name and password or disclose other information to Us. In order to do so, You must complete the registration process by providing current, complete and accurate information as requested. You are also responsible for creating and securing an account name and password. You are entirely responsible for maintaining the confidentiality of your password and account and remain entirely responsible for any and all activities that occur under Your account, including charges incurred.  KLDiscovery will not be liable for any loss that You may incur as a result of someone else using your password or account, either with or without your knowledge.

PRIVACY

Personal Information that you may submit or provide to KLDiscovery through this Website is subject to KLDiscovery's Privacy Policy, which can be found at https://www.ontrack.com/at/datenschutz-richtlinien/ and is incorporated into this Agreement. In addition, by using this Website you expressly consent to KLDiscovery collecting Personal Information and other information about you, as more fully described in KLDiscovery's Privacy Policy.

Cookie Policy

This website uses cookies to help us improve your experience of the website. Cookies are small files placed on your computer's hard drive, or in your browser memory, when you visit. They help us find out what parts of the website you visit, what you like and what is most relevant to you. What cookies do not do is store any personal or confidential information about you. To ensure you get the best from our website, we advise that users keep cookies active on their machine whilst visiting our website.

What is a cookie?

A cookie is a small piece of text that websites send to the browser and is stored on the user's terminal, which may be a personal computer, a mobile phone, a tablet, etc. These files allow the website to remember information about your visit, such as language and preferred options, which can make your next visit easier and make the website more useful for you. Cookies play a very important role in improving user experiences on the web.

This website uses cookies specifically as follows:

This website uses both temporary session cookies and persistent cookies. Session cookies store information only while the user accesses the website and persistent cookies stored in the terminal data to be accessed and used in more than one session.

Strictly Necessary Cookies: These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the website will not then work. These cookies do not store any personally identifiable information.

Performance Cookies: These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our website. They help us to know which pages are the most and least popular and see how visitors move around the website. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our website, and will not be able to monitor its performance.

Statistical analysis cookies: These cookies allow the monitoring and analysis of user behaviour on the website. The information gathered through such cookies is used in measuring the activity of web, application or platform sites and the profiling of user navigation of these sites, in order to make improvements to the service and functionality for users. Third Party Cookies: Google Analytics is used on this website to manage and improve the services offered and collect statistical information.

Specific Cookies set by this website

Cookie nameDescription

 ai_session

Performance cookie

This cookie name is associated with the Microsoft Application Insights software, which collects statictical usage and telemetry information for apps built on the Azure cloud platform. This is a unique anonymous session identifier cookie.

BlueStripe.PVN

Strictly necessary cookie

This cookie name is associated with software from Bluestripe which provides performance monitoring of web applications to make sure they run correctly.

nQ_cookieId
nQ_visitId

Third Party cookie

These cookies are used by Albacross to identify each unique user and each unique user session and enables Ontrack to better perform “lead generation” through identification of website traffic. By default, the cookies expire after 12 months.

ai_user

Performance cookie

This cookie name is associated with the Microsoft Application Insights software, which collects statistical usage and telemetry information for apps built on the Azure cloud platform. This is a unique user identifier cookie enabling counting of the number of users accessing the application over time.


Google Analytics

Cookie nameDescription

_gid

The cookie is used to distinguish users

This cookie name is associated with Google Universal Analytics. This stores (and updates) a unique value for each page visited on our website.

 

 _ga

This cookie is used to distinguish users

This cookie name is associated with Google Universal Analytics. This cookie is used to distinguish unique users by assigning a randomly generated number as a client identifier. It is included in each page request in a website and used to calculate visitor, session and campaign data for the websites analytics reports. By default it is set to expire after 2 years.

 

Opting out of cookie usage:

You can block cookies, except strictly necessary cookies for the site to function, by activating the setting on your browser that allows you to refuse the setting of all or some cookies. Below are links to the 'Help' pages of major browsers which explain how you can do this. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website or any other websites that you visit.

Internet Explorer | Firefox | Chrome | Safari | Opera | Blackberry | Safari iOS | Windows Mobile

Additional information:

From time to time, we may embed external content from third party websites (e.g. Facebook, YouTube) within our website. These websites may utilise cookies and the privacy policy that will apply to such third-party content will be published on the website of that third-party content provider.

Version: January 1, 2019