Epiq Bankruptcy Analytics

These Terms of Service are entered into by and between you (“You” or “Customer”) and Epiq Systems, Inc. dba AACER, a Missouri corporation (“AACER”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service” or “Agreement”), govern your access and use of the services offered by AACER including AACER’s Bankruptcy Analytics Software (the “Services”).

Please read the Terms of Service carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at Privacy Notice, incorporated herein by reference. If you do not want to agree to these Terms of Service, or the Privacy Policy, you must not access or use the Services.

1. Access and Use
1. Provision of Access. Subject to and conditioned on Customer’s payment of Fees and compliance with all the terms and conditions of this Agreement, AACER hereby grants Customer a non-exclusive, non-transferable right to access and use the Services during the Term, solely for Customer’s use in accordance with the terms and conditions herein. Such use is limited to Customer's internal use.
2. Use Restrictions. Customer shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. Customer shall not at any time, directly or indirectly, and shall not permit any third party to:
1. copy, modify, or create derivative works of the Services or Documentation, in whole or in part;
2. rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or Documentation
3. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part;
4. remove any proprietary notices from the Services or Documentation;
5. Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material in the Services;
6. introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; or
7. use the Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law. Customer is responsible and liable for all uses of the Services and Documentation resulting from access provided by Customer, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement.
3. Reservation of Rights. AACER reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the AACER IP.
4. Suspension. AACER reserves the right to terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service. Notwithstanding anything to the contrary in this Agreement, AACER may temporarily suspend Customer's access to any portion or all of the Services if: (i) AACER reasonably determines that (A) there is a threat or attack on any of the AACER IP; (B) Customer's use of the AACER IP disrupts or poses a security risk to the AACER IP or to any other customer or vendor of AACER; (C) Customer is using the AACER IP for fraudulent or illegal activities; or (D) AACER’s provision of the Services to is prohibited by applicable law; (ii) any vendor of AACER has suspended or terminated ACCER’s access to or use of any third-party services or products required to enable Customer to access the Services. AACER shall use commercially reasonable efforts to provide written notice of any Service Suspension to Customer and to provide updates regarding resumption of access to the Services following any Service Suspension. AACER shall use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. AACER will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that may incur as a result of a Service Suspension.
2. Intellectual Property Rights & Restrictions.
1. Customer Data. AACER acknowledges that, as between AACER and Customer, Customer owns all right, title, and interest, including all intellectual property rights, in and to the data Customer inputs into the Services (“Customer Data”). Customer hereby grants to AACER a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for AACER to provide the Services to Customer.
2. AACER IP. Customer acknowledges that, as between Customer and AACER, AACER owns all right, title, and interest, including all intellectual property rights, in and to the Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (“AACER IP”) and, with respect to Third-Party Products, the applicable third-party providers own all right, title, and interest, including all intellectual property rights, in and to the Third-Party Products.
3. Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, AACER may monitor Customer's use of the Services and collect and compile aggregated statistics. As between AACER and Customer, all right, title, and interest in aggregated statistics, and all intellectual property rights therein, belong to and are retained solely by AACER. Customer acknowledges that AACER may compile aggregated statistics based on Customer Data input into the Services. Customer agrees that AACER may (i) make aggregated statistics publicly available in compliance with applicable law, and (ii) use aggregated statistics to the extent and in the manner permitted under applicable law; provided that such aggregated statistics do not identify Customer or Customer's Confidential Information.
4. Feedback. If Customer or any of its employees or contractors sends or transmits any communications or materials to AACER by mail, email, telephone, or otherwise, suggesting or recommending changes to the AACER IP, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), AACER is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback.
5. Marketing. Customer consents to the inclusion of its name and logo on the AACER’s website and in AACER’s marketing materials, describing Customer as a customer of AACER.
3. Privacy and Security. To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features of the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
   If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
4. Confidentiality.
   1. In connection with this Agreement, each of AACER and Customer (each, a “Disclosing Party” or “Discloser”) may disclose to the other party (the “Receiving Party” or “Recipient”) certain information that is marked or otherwise identified in writing as confidential or proprietary information of the Disclosing Party prior to or contemporaneously upon receipt by the Receiving Party or which the Receiving Party reasonably should recognize from the circumstances surrounding such disclosure or the contents of such disclosure to be confidential or proprietary including this Agreement. All such information including, but not limited to Customer Data and any Intellectual Property, including AACER Intellectual Property, are hereinafter collectively referred to as “Confidential Information”. Notwithstanding the foregoing, the term “Confidential Information” and “CI” does not include information that: (i) is or becomes generally available to the public through no action or inaction by (A) the Recipient or (B) a source to which Recipient knows is bound by a duty or obligation of confidentiality (contractual, fiduciary or otherwise); (ii) is or becomes available to the Recipient on a non-confidential basis from a source other than the Discloser, provided that the Recipient has no knowledge that the source of such information is bound by a duty or obligation of confidentiality (contractual, fiduciary or otherwise); (iii) any information which is obtainable through or derived from the court system, including but not limited to PACER; or (iv) was known to the Recipient or was in its possession prior to the date of such provision, exchange or disclosure, provided that (A) the Recipient was not already bound by a confidentiality agreement covering such Confidential Information and (B) Recipient has no knowledge that the source of such information, if received through a third party, is or was bound by a duty or obligation of confidentiality (contractual, fiduciary or otherwise). Notwithstanding anything to the contrary in this Agreement, AACER in its discretion may store, process and transmit information that is available to the public in the United States, in whatever form it may exist, outside of the United States. Each Receiving Party shall hold all Confidential Information in confidence, use such Confidential Information only for the purposes of fulfilling their obligations hereunder, and not copy, reproduce, sell, assign, license, market, transfer, give or otherwise disclose such information to third parties or use such information for any purposes whatsoever, without the express written permission of the other party, other than for the performance of obligations hereunder or as otherwise agreed to herein. Each Recipient agrees to disclose Confidential Information only to those Agents who have a legitimate business need to know, and those disclosures shall not occur until those agents are bound by restrictions on confidentiality no less restrictive than those imposed herein, and Recipient has advised them of their obligations to keep such information confidential. All Confidential Information provided or disclosed to the Recipient shall remain the sole property of the Discloser. In the event Recipient or any individual or company to whom it transmitted or transferred the Confidential Information, whether pursuant to the provisions of this Agreement or otherwise, becomes legally compelled to disclose any Confidential Information, the party required to disclose such Confidential Information will (except where prohibited by law) advise Discloser as soon as possible so that the Discloser may either seek an appropriate remedy, including a protective order, or waive compliance with the provisions of this Agreement. In the event that any such protective order or other remedy is not obtained, or that compliance with this Agreement is waived, the party required to disclose the Confidential Information will furnish only that portion of the Confidential Information which, in the written opinion of its legal counsel, is legally required to be disclosed and will exercise reasonable efforts to obtain reliable assurances that confidential treatment will be accorded such Confidential Information.
5. Representations and Warranties.
   1. Customer Representations and Warranties. Customer Represents and warrants to AACER that: (i) Customer has all necessary right and authority to upload the Customer Data to the Service without infringement upon any third party’s proprietary or privacy rights, including intellectual property rights; (ii) the Customer Data does not contain any viruses, worms, Trojan horses or other harmful or destructive code or content; and (iii) Customer will use the Service in compliance with all applicable laws, rules and regulations, and in accordance with this Agreement.
   2. AACER Representations and Warranties. AACER warrants that the Services will be performed with reasonable care and skill and that AACER will provide the Services to Customer in accordance with all applicable laws, rules and regulations
   3. Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES ARE BEING DELIVERED ON AN “AS-IS”, “AS AVAILABLE” BASIS, AND AACER DISCLAIMS ALL OTHER TERMS, CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED TERMS, CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, SUITABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, AACER DOES NOT WARRANT THAT THE SERVICE WILL BE DELIVERED OR PERFORMED ERROR-FREE OR WITHOUT INTERRUPTION OR THAT CUSTOMER WILL ACHIEVE ANY PARTICULAR BUSINESS RESULTS BY USE OF THE SERVICE. CUSTOMER ACKNOWLEDGES THAT AACER DOES NOT WARRANT OR GUARANTEE THE TIMELINESS, CURRENTNESS, ACCURACY, OR COMPLETENESS OF THE SERVICES. CUSTOMER ALSO ACKNOWLEDGES THAT EVERY BUSINESS DECISION INVOLVES THE ASSUMPTION OF A RISK AND THAT AACER, IN FURNISHING INFORMATION TO CUSTOMER, DOES OR WILL UNDERWRITE THAT RISK, IN ANY MANNER WHATSOEVER. CUSTOMER THEREFORE AGREES THAT AACER WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY CAUSED IN WHOLE OR IN PART BY AACER'S NEGLIGENCE IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING ANY INFORMATION.
   4. The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
6. Indemnification.
   1. Indemnities. Customer agrees to indemnify, defend and hold harmless AACER against any and all claims, liabilities, expenses, losses, costs, fines, settlements, penalties or damages, including reasonable court costs and attorney’s fees, including all costs and attorney’s fees related to an appeal (“Losses”) arising out of or related to this Agreement or any use, inability to use, or results of use of the Services, including any of the foregoing asserted by a third-party incurred by or asserted against AACER arising out of or related to: (i) the use or display of any Customer Data in accordance with this Agreement; (ii) any litigation matter in which Customer or any Authorized User is engaged; or (iii) Customer’s breach of its obligations in this Agreement.
   2. Indemnification Procedure. AACER shall notify the Customer in writing promptly of the commencement, threat, or assertion of any claim for which indemnification as set forth above may be sought. The indemnities set forth above shall survive the termination of this Agreement until the expiration of all applicable statutes of limitation with respect to each Customer’s liabilities.
7. Limitation of Liability.
   1. IN NO EVENT WILL AACER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER CUSTOMER WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL AACER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO AACER UNDER THIS AGREEMENT IN THE SIXTH MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
8. Term; Termination.
   1. Term. This Agreement shall remain in full force and effect while you use the Services. Your subscription will renew automatically until it is cancelled in accordance with this Section. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
   2. Termination for Cause. Either Party may terminate this Agreement, effective on written notice to the other Party, if the other Party materially breaches this Agreement, and such breach: (A) is incapable of cure; or (B) being capable of cure, remains uncured thirty (30) days after the non-breaching Party provides the breaching Party with written notice of such breach.
   3. Effect of Termination. Upon expiration or earlier termination of this Agreement, Customer shall immediately discontinue use of the AACER IP and, without limiting Customer's obligations under Section 5, Customer shall delete, destroy, or return all copies of the AACER IP and certify in writing to the AACER that the AACER IP has been deleted or destroyed. No expiration or termination will affect Customer's obligation to pay all Fees that may have become due before such expiration or termination or entitle Customer to any refund.
   4. Survival. Sections 2 (Intellectual Property Rights & Restrictions), 3 (Privacy and Security), 4 (Confidentiality), 5 (Representations and Warranties), 6 (Indemnification), 7 (Limitation of Liability), 10 (Miscellaneous), and any other provisions which by their nature should survive termination, shall survive termination.
9. Changes.
   1. AACER may change the terms of this Agreement at any time by notifying Customer of the change in writing or electronically (including without limitation, by email or by posting a notice on the Service that the terms have been “updated” or similar words). The changes also will appear in this document, which can be accessed at any time by going to the Terms of Services link at the footer of those Services which are made available through a website or an application. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.
10. Miscellaneous.
    1. Governing law. This Agreement, and any dispute, controversy or proceeding arising out of or relating to this Agreement, or the subject matter hereof, shall be governed by the substantive laws of the State of Kansas without regard to any conflicts of law principles.
    2. Assignment. This Agreement will inure to the benefit of, and be binding on, and enforceable against each of the parties hereto and their respective successors and permitted assigns. Neither party shall assign its rights under this Agreement without the other party’s prior written consent, which shall not be unreasonably withheld or delayed, except AACER may freely assign or delegate all or a portion of its rights and obligations without Customer consent if such assignment or delegation is to: (a) an Affiliate or subcontractor of AACER; (b) a successor party by consolidation, merger or operation of law; (c) a purchaser of all or substantially all of AACER’s assets; or (d) a lender of AACER as collateral. Any assignment or delegation to an AACER Affiliate or subcontractor necessarily includes all rights required for the performance of the delegated Services that party will provide on AACER’s behalf, including the right to access and process Customer Data. Subject to the foregoing, the parties do not confer any rights or remedies upon any person or entity other than the parties to this Agreement and their respective successors and permitted assigns.
    3. Notices. All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when sent by email.
    4. Independent Contractor. AACER is an independent contractor of Customer, and this Agreement shall not be construed to create any association, partnership, joint venture, employee or agency relationship between the parties. Neither party has the authority (and shall not hold themselves out as having authority) to bind the other, or make any agreements or representations on its behalf.
    5. Severability. All clauses and covenants in this Agreement are severable; in the event any or part of them are held or found to be invalid or unenforceable by any tribunal (including any court or arbitrator), a valid clause or covenant that most closely matches the intent of the original clause or covenant shall be substituted and any other clauses or covenants shall remain valid and enforced to the fullest extent possible under applicable law.
    6. Force Majeure. Except for the payment obligations of the parties hereunder, neither party shall be liable for any default or delay in the performance of its obligations hereunder if and to the extent such default or delay is the result of causes beyond the reasonable control of the performing party, such as riots, epidemics, war, government regulations, fire, acts of God, acts of terrorism, vendor performance issues, or a service failure of a utility or communications provider.

Epiq Systems, Inc. DBA AACER (“AACER”), has made a commitment to collect, use, and disclose personal information in compliance with applicable law and in such a manner that a reasonable person would consider appropriate in the circumstances.

SCOPE OF POLICY

AACER, as a service provider acting on behalf of and under the direction of its clients, may collect, use, and disclose personal information as directed by its clients, and as authorized by applicable law, in order to provide its Services on behalf of such clients. AACER complies with all applicable privacy and data protection laws. This Privacy Policy is based on the principles and rules set out in all applicable privacy legislation

ACCOUNTABILITY

AACER has designated a Privacy Director who is responsible for our compliance with this Policy. The Privacy Director may be contacted as described below.

AACER

11880 College Blvd.

Suite 200

Overland Park, KS 66210

Attn: Privacy Director

USES AND DISCLOSURES

With direction from its clients who are the data controllers, AACER will confirm the purposes for which AACER collects personal information at or before the time the information is collected from individuals. AACER’s clients may choose to identify such purposes orally or in writing. Written notification will be used whenever practical to do so.

1. On behalf of its clients, AACER may collect, use, and disclose Data for the following purposes:To verify your identity;
2. For fraud detection and verification purposes, and to otherwise protect us, our clients and others from fraud, error, and other harm;
3. To improve our services and operations that we use to provide claims management and related services, and to provide training to relevant personnel; and
4. In order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.

In carrying out the activities and purposes described above on behalf of its clients, Data may be processed by AACER, including other affiliated entities, who perform services or provide support relating to the Services. Data may also be disclosed to third parties as set forth below:

1. Adjusters, assessors, valuators, and service providers engaged by AACER to perform services or functions related to the Services;
2. Authorized representatives and other service providers acting on our behalf; and
3. Other third parties where necessary to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.

AACER may also disclose the Data to its clients, who have control over the Data. AACER will not sell the Data to any party.

CONSENT

Your consent to the collection, use, or disclosure of your personal information can be express through written, electronic, or any other method. The choice to provide AACER with your consent is always yours, however, your decision to withhold such consent may limit our ability to provide you with certain services.

LIMITING USE, DISCLOSURE, AND RETENTION

Personal information will not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. AACER will not sell the Data to any party.Upon our clients’ direction, we will destroy, erase, or make anonymous documents or other records containing personal information as soon as it is reasonable to assume that the original purpose is no longer being served by retention of the information and retention is no longer necessary for a legal or business purpose. We will take due care when destroying personal information so as to prevent unauthorized access to the information.

ACCURACY

The personal information AACER collects will be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used. AACER will, on an ongoing basis, take reasonable steps to ensure the accuracy and completeness of personal information under its care and control. Individuals who provide their personal information to AACER must do so in an accurate and complete manner. AACER’s goal is to minimize the possibility that inaccurate information is used to make a decision about any individual whose personal information AACER processes.

SAFEGUARDS

AACER has implemented measures designed to secure personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All personal information is stored on our secure servers behind firewalls.

AACER’s security measures include:

1. Education and training to relevant staff to ensure they are aware of our privacy obligations when handling personal data.
2. Administrative and technical controls to restrict access to personal data on a ‘need to know’ basis.
3. Technological security measures, including firewalls, multi-factor authentication, encryption, and anti-virus software.
4. Physical security measures, such as staff security passes to access our premises.
5. Reasonable precautions for the disposal or destruction of personal information that may consist of securely shredding physical documents and deleting electronically stored information in a manner that prevents it from being readily recovered.

If we find out there has been a breach of our security safeguards and there is a real risk of significant harm to you, you will be notified unless otherwise prohibited by law.

ACCESS AND CORRECTION

You may request access to, or the correction of, the personal information collected and processed by AACER as part of the Services, information about the ways in which that information is being used, and a description of the individuals and organizations to whom that information has been disclosed, by making a written request to our Privacy Director. You may be required to verify your identity.

CROSS-BORDER TRANSFERS

AACER and any of its affiliated companies may transfer your personal information across national borders to fulfil any of the above purposes.

COOKIES

AACER may also use cookies and other mechanisms to collect personal information about individuals when they visit or interact with us online. Cookies are unique identifiers, which are used to customize your website experience. Most web browsers automatically accept cookies, but you can usually change your browser to prevent or notify you whenever you are sent a cookie. This gives you the chance to decide whether or not to accept the cookie. We use the information in cookies to help us improve our website and our services, and for fraud detection and verification purposes. If you do not accept a cookie, there may be limitations on your use of some site functions.

ANALYTICS

We use automated devices and applications operated by third parties, including Google Analytics (http://www.google.com/intl/en/policies/privacy/) to evaluate the usage of our website and services, in order to improve our website and services’ performance and user experiences. These third parties may use cookies and other tracking technologies to perform their services. We do not share your personal information with these third parties, but they may collect your IP address as part of their services.

CONTACT INFORMATION

We will, on request, provide information regarding our complaint procedure. Any inquiries, complaints, or questions regarding this Policy should be directed in writing to our Privacy Director as follows:

AACER

11880 College Blvd.

Suite 200

Overland Park, KS 66210

privacyshield@epiqglobal.com

Important changes to our privacy policies and practices will be reflected in this Privacy Policy in a timely manner. We may add, modify, or remove portions of this Policy when we feel it is appropriate to do so.

Use of Cookies

Cookies are small text files that are placed on your computer by websites that you visit. They are generally used to make websites work more efficiently and to provide information to the owners of the site. Cookies allow Epiq Systems, Inc. DBA AACER (“AACER”) to provide you with a smoother user experience by recognizing your computer(s), remembering your preferences and arranging content.

Third-party Cookies

Third-party cookies are cookies that another party places on your device through our site.

Cookie Type & Purpose

Performance

Performance cookies are used by third-party service providers to understand how you use our websites. For example, these cookies often track what pages are most frequently visited, and from what locations our visitors come from. AACER only uses performance cookies to analyze user journeys and to improve how our websites operate. All information collected by these cookies is aggregated and therefore anonymous. If you elect not to allow these cookies, AACER will not know when you have visited our site.

Google Analytics cookies are also used on this website. Google Analytics is a tool that helps website owners assess how users interact with website content. As a user navigates between web pages, Google Analytics provides JavaScript tags (libraries) to website owners to record information, such as a website URL, about the webpage a user has seen. The Google Analytics JavaScript tags use HTTP Cookies to "remember" actions a user has taken during previous pages/interactions with the website.

Cookie Lifespan

AACER uses third-party cookies that are stored by a different domain to the visited page's domain. This can happen when the webpage references a file, such as JavaScript, located outside its domain. These persistent cookies remain on the user's computer/device for a pre-defined period.

Persistent

Our persistent cookies are not deleted when you close your browser but are saved on your device for a fixed period or until you delete them. Each time you visit the website, the server that sets the cookie will recognize the persistent cookie saved on your device. Third-parties use persistent cookies to store your preferences so that the preferences are available during your next visit to the website. These cookies keep an accurate account of how often you visit the website, how often you return to the website, and how your use of the website may vary over time.

How to delete Cookies

If you would like to opt-out of receiving cookies from AACER, you can:

• Set your browser to reject all cookies;
• Set your browser to only accept cookies from “trusted” sites; or
• Set your browser to only accept cookies from websites that you are currently on.

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

Google Analytics

To opt out of being tracked by Google Analytics across all websites visit

http://tools.google.com/dlpage/gaoptout