ZR Per Diem Services LLC Terms & Conditions
IMPORTANT -- READ CAREFULLY: Welcome to ZR PER DIEM SERVICES LLC’s (hereinafter “ZRPD”) and the Revolution Portal (hereinafter referred to as “Revolution” or the “Portal”). By using our services and/or our Portal, you, the “User” agree(s) to be bound by the terms and conditions contained in this agreement (the "Agreement") and the terms and conditions of ZR PER DIEM SERVICES LLC’s privacy notice, which are incorporated herein by reference. If you do not agree to be bound by these terms and conditions or privacy notice policies, you may not use ZR Per Diem Services and/or the Revolution Portal.
Rights to Use of Revolution Portal
Revolution grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Revolution Portal and the websites maintained by ZRPD, including the website/domain hosting Revolution, zrperdiem.com, nyperdiems.com, njperdiems.com, as part of the services being provided to you by ZRPD.
This license is for the sole purpose of enabling you to use and enjoy the benefit of the Revolution Portal and services, in the manner permitted by these terms and conditions. You may not, and you may not permit anyone else to, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Revolution Portal or any part thereof. Except as expressly provided herein, unless ZRPD has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Revolution Portal, grant a security interest in or over your rights to use the Revolution Portal, or otherwise transfer any part of your rights to use the Revolution Portal.
Notwithstanding the foregoing, you are granted limited administrative rights to provide access to the Revolution Portal in your reasonable discretion to those parties who would reasonably need to access information located on the Revolution Portal, or who could upload information and documents (such as legal documents, etc.) onto the Revolution Portal for you to access, that would assist you in utilizing the services provided by the Revolution Portal in the ordinary course.
You agree that:
- You will not tamper with or otherwise interfere or attempt to interfere in any manner with the functionality or proper working of the Portal.
- You will not make illegal use of the Portal or use it for purposes which are illegal.
- You will not interfere with anyone else who is a user of the Portal in their use of the Portal.
- You will follow U.S. and international laws regarding transmitting data and you will not attempt to gain access to our computer system or any other computer systems.
- You will not remove, obscure, or alter any notice of any logo, trademark, or other intellectual property or proprietary right designation appearing on or contained within the portal.
- You will not access (or attempt to access) any product or services offered via the Revolution Portal by any means other than the interface that is provided by Revolution.
- You will not duplicate, reproduce, republish any portion of the Revolution to members of the general public, any non-employees of your law office or third parties.
- You will not provide members of the general public, any non-employees of your law office or third parties the ability to access, copy, view, or duplicate any of the functionalities contained within the Revolution
PortalYou will not seek to reverse engineer the Revolution Portal or provide access to any third-parties seeking to reverse engineer this Portal.
The content on the Revolution Portal including without limitation, the text, software, scripts, graphics, photos, sounds, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ZRPD, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Revolution Portal is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ZRPD reserves all rights not expressly granted in and to the Revolution Portal and the Content.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Revolution Portal or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Revolution Portal or the Content therein.
This section does not seek to make intellectual property any privileged material transmitted in connection with any per diem services requested or handled by the client or per diem attorney as set forth further below.
Copyright and Trademark policies
It is ZRPD’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, without limitation, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
The Revolution Portal and its associated websites, including www.zrperdiem.com , www.nyperdiems.com , www.njperdiem.com, may include hyperlinks to other web sites or content or resources that are not owned or controlled by Revolution. Revolution has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or resources which are provided by companies or persons other than Revolution.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Revolution Portal. Accordingly, you agree that you are solely responsible to Revolution for all activities that occur under your account. If you become aware of any unauthorized use of your password on the Revolution Portal or your account, you agree to notify ZRPD immediately at email@example.com
We reserve the right to log, review, and otherwise examine any information stored on or passing through our networks or systems.
Downtime and Service Suspensions
Your access to and use of the Services may be suspended for the duration of any anticipated, unanticipated, scheduled or unscheduled downtime, maintenance, system updates, malfunction, or other unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions.
We shall also be entitled, without any liability to you, to suspend access to any portion or all of the Portal at any time, on a system-wide basis:
(a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Portal;
(b) in the event of a denial of service attack or other attack on the Portal or other event that we determine, in our sole discretion, may create a risk to the applicable Portal, to you or to any of our other customers if the Portal service were not suspended; or
(c) in the event that we determine that any Portal service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons.
Warranty Disclaimers and Limitation of Liability
Except as specifically set forth in this Agreement, Revolution makes no other representations or warranties, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose, with respect to the Portal. You agree that use of the Portal is at your sole risk. The Portal is provided on an "as is" and "as available" basis.
Neither ZRPD nor its partners, agents, affiliates, or designees nor each of their respective officers, directors, employees, agents, contractors, subcontractors or the like (collectively, “Associates”) warrant that use of the Portal site will be uninterrupted or error-free.
Under no circumstances shall ZRPD or its Associates be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages that result from, arise out of or otherwise relate to your use of or inability to use the Revolution Portal site, or any web site linked to the Revolution Portal site, including but not limited to reliance by you on any information obtained from the Revolution Portal site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance, or any loss of profit, loss of goodwill or data, or cost of procurement of substitute goods or services or other intangible loss suffered .
The Revolution Portal utilizes industry accepted security systems in an attempt to eliminate unauthorized access to private information. By using the Revolution Portal, you expressly agree to not hold ZRPD, its Owner, Members or its Associates liable in the event of unauthorized access and subsequent use of your company and/or personal information. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of ZRPD has been advised of or should have knowledge of the possibility of such damages.
You agree to defend, indemnify and hold harmless ZRPD and any of its Owners, Members and Associates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Revolution Portal; (ii) your violation of any term of this Agreement; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive this Agreement and your use of the Revolution Portal.
RIDER TO TERMS & CONDITIONS SCOPE OF ZRPD SERVICES
By accessing and using our websites and Portal above, and as set forth in these terms, the User understands that we do not offer legal advice.
ZRPD is not a law firm and does not dispense legal advice. ZRPD is in the business of providing law firms/attorneys with per diem coverage for court appearances, depositions, trials, arbitrations and other legal matters. ZRPD assigns independent contractor per diem attorneys to handle User’s request for coverage.
- User hereby agrees to give the independent contractor per diem attorneys referenced above the authority to appear on the requested legal matter on behalf of the User. The independent contractor per diem attorney shall appear based on the materials provided by the User. If inadequate instructions or information is provided, the per diem attorneys will handle the matter to the best of their abilities. To ensure the matter is handled in a satisfactory manner, it is the User’s duty to provide clear and sufficient instructions to handle said appearance.
- User agrees that ZRPD will not be obligated to provide any services to the User unless and until the request for services has been confirmed and payment has been remitted for the service. Confirmation will be acknowledged by ZRPD either via email or on the Revolution Portal.
- User agrees that the independent contractor per diem attorney may file or cause to be filed representative documents, such as a notice of appearance at the court’s requests.
- User agrees that if there is a conflict of interest, user waives any such conflict to insure that representation occurs. User agrees that should there be a conflict of interest we can discontinue any efforts on behalf of the User, but should be allowed to continue to represent any existing clients where the conflict has arisen.
- User must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- In creating a User account using our login page, personal information required in registration and provided by the User must be accurate and complete. User’s account name and password and the confidentiality thereof are entirely the responsibility of the User.
- User must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- User must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.
- User must not use this website to transmit or send unsolicited commercial communications.
- User must not use this website for any purposes related to marketing without our express written consent.
- User agrees not to submit content to us that contains information that they know to be misleading, false, an infringement of existing intellectual property, or that violates any statute, regulation, code, or law.
Access to certain areas of this website is restricted. We reserve the right to restrict access to areas of this website, or indeed this entire website, at our discretion.
If we provide you with a User ID and password to enable you to access restricted areas of this website or othercontent or services, you must ensure that the User ID and password are kept confidential.
We may disable your User ID and password in our sole discretion without notice or explanation.
In these terms and conditions, “your User content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
Your User content must not be illegal or unlawful, most not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
We reserve the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this websites.
This website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, we do not warrant that:This website will be constantly available, or available at all; or
The information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind.
- User understands that all orders and reservations must be made through using the Revolution Portal. ZRPD will not be liable for any order or reservations received by email or telephone and not confirmed by ZRPD.
- User is solely responsible for the completeness of disclosure of any and all information, personal or otherwise and warrants the completeness of the submitted information.
- The Confirmation of Coverage Request will be sent, via email or through our online portal Revolution, to the Email address or account provided by user, confirming availability and intention to appear per User Coverage Request. Please note that your request has not been accepted until the
- User receives the Confirmation of Coverage Request from ZRPD. User is solely responsible for checking the Email Inbox and Revolution Portal to ensure that it receives a Confirmation of Coverage Request.
- User warrants that you are a duly licensed attorney in good standing in the jurisdiction where you are requesting that we handle your matter and are using the Service, either personally or through an authorized employee who is acting under your supervisory authority and at your express instructions. You are not a pro se litigant or party to the proceeding or matter for which a a per diem attorney is requested. User understands and acknowledges that ZRPD services are available only to licensed attorneys duly admitted and in good standing in the jurisdiction in which the proceeding or matter is pending.
- User is solely responsible for the accuracy and propriety of information, comments and documents transmitted to ZRPD, whether by email, uploading to ZRPDs website, or other means of transmittal. The uploading of such information, comments and documents shall be conclusively presumed to originate from, and bear the identity of, the User whose registered with ZRPD.
- User is solely responsible for providing the ZRPD with all documents and information needed to perform the services required for the requested appearance coverage. User understands that failure to provide complete and comprehensive instructions, information, details and documentation for the requested matter may result in the outcome of the appearance being less than satisfactory or the appearance outcome may not contain result desired by User. ZRPD is not responsible for any appearance outcomes as a result of User’s failure to provide full and complete information.
- User is solely responsible for notifying ZRPD of any changes in User's contact information including, but not limited to, changes in mailing address, facsimile number or email address.
- ZRPD does not track future appearances nor provide per diem services unless a request is made by User. User understands and acknowledges that once the appearance report is submitted, any future appearances with respect to that matter must be requested by User each time the matter is scheduled.
- User is solely responsible to check the User' s Email Inbox and Revolution Portal and specifically for any updates or messages regarding any appearances submitted to ZRPD.
- User understands and acknowledges that ZRPD and the independent contractor attorneys appearing on User’s behalf are prohibited from accepting monies or payment in court from User or its clients. ZRPD will not be held responsible for any damages as a result of the User’s violation of this policy.
- Unless as otherwise designated by ZRPD, User is responsible to remit prepayment for all orders. User acknowledges that any invoices overdue by 30 days or more is subject to a late fee/interest charge and that late fee/interest charge shall not exceed the maximum interest allowed by law.
- User cancellation or rescheduling of an Appearance Request. Confirmed Coverage Requests which are cancelled after 6:00 PM on the Court Business Day prior to the date of the Coverage Request will be charged at 50% of the quoted fee. Cancellations prior to 6:00 PM will not incur a cancellation fee unless. Same Day cancellations will be subject to the full rate. User and ZRPD have expressly agreed to such a cancellation fee.
- User will be charged the appearance fees and fees for any Services provided under this Agreement, and will be solely responsible those Service Fees, irrespective of whether another person or entity instructs You to request the Services or ultimately receives the benefit of the Services.
LIMITATIONS OF LIABILITY
We will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the rendition of services contents of, or use of, or otherwise in connection with, this website.
For any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if we have been expressly advised of the potential loss. EXCEPTIONS
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit our liability in respect of any:
Matter which would be illegal or unlawful for us to exclude or limit, or to attempt to purport to exclude or limit, its liability
By using ZRPD’s website and Portal, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You accept that, as a corporate entity, we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with our services and/or use of the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect us, our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement, and the rest of the Agreement shall remain in full force and effect.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on our acts incurred or suffered by us arising out of a breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Any controversy, claim or dispute arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (except at the option of either party for any application for injunctive relief) shall be finally settled by arbitration in the County of Nassau, State of New York and judgment upon the award rendered may be entered in any court having jurisdiction.
EACH PARTY HERETO KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY OF ANY DISPUTE RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH ACTION SHALL BE ADJUDICATED BY AN ARBITRATOR AND WITHOUT A JURY.
All Notices by us to you shall be by email to the email address listed in Your Profile, My Account Page.
All notices by you to us shall be by email to firstname.lastname@example.org AND in writing to:
ZR Per Diem Services LLC
445 Northern Blvd - Ste. 34
Great Neck, New York 11021
This Agreement will govern all services performed by us on behalf of User commencing with the date we first performed the services. Termination
You agree that ZRPD may terminate this Agreement, for any reason at our sole discretion, at any time, without notice, or at its discretion upon 7 days’ advance notice, and that ZRPD reserves the right to change, suspend, or discontinue all or any aspects of the Revolution Portal, for any reason at our sole discretion, at any time. You are personally liable for any charges that you incur prior to any termination, change, suspension or discontinuation of this Agreement or the Revolution Portal.
The failure by us to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.
SUCCESSORS AND ASSIGNS
This Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ZRPD without restriction.
These terms and conditions constitute the entire agreement between you and us in relation to your use of our services and this website, and supersede all previous agreements in respect of your use of our services and this website.
LAW AND JURISDICTION
There terms and conditions will be governed by and construed in accordance with the State of New York, and any disputes are subject to New York law. All parties waive their right to any trial by jury and agree to binding arbitration as specified herein in Nassau County for the resolution of any and all disputes with us, except as required by New York law as it applies to the resolution of any dispute.