Casetext Terms of Service
Effective as of December 2, 2016
While Casetext is primarily used by lawyers, it’s also a resource for the public. We’ve tried to make our Terms of Service as straightforward as possible.
This is a contract (“Agreement”) between you and Casetext Inc. (“Casetext,” “we,” or “us”), applicable when you use sites, services, mobile applications, products, and content provided by Casetext, in existence now or in the future (“Casetext Services”, “Casetext”, or “Services”).
These terms are a binding agreement
- Information You Provide. When you register an account with Casetext, we start by collecting some personal information, such as your name and email address. We may also receive Personal Information (for example, your email address) through other users, for example if they have tried to share content from Casetext with you or tried to refer Casetext to you.
- Log Data. When you use the Service, we automatically record information from your Device, its software, and your activity using the Services. This may include the Device’s Internet Protocol (“IP”) address, browser type, the web page visited before you came to our website, search terms you submit to our website, geographic location, identification numbers associated with your Devices, date and time stamps associated with activity on the website, system configuration information, metadata concerning file you upload to Casetext’s public platform, and other interactions with the Service.
- Cookies. We also use “cookies” to collect information and improve our Services. A cookie is a small data file that we transfer to your Device. We may use “persistent cookies” to save your registration ID and login password for future logins to the Service. We may use “session ID cookies” to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage and web traffic routing on the Service. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of the Service.
I. Your use of Casetext Services
You may use the Casetext Services only if you can form a binding contract with Casetext, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. The Services are not available to any users previously removed by Casetext.
Casetext offers both Services for free (the “Free Services”), as well as Services that are only accessible through a premium subscription (the “Subscription Services”).
A. Use of our Free Services
Subject to the terms and conditions of this Agreement, you are granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as permitted by the free features of the Services. Casetext reserves all rights not expressly granted in the Services and Casetext Content (as defined below). Casetext may terminate this license at any time for any reason or no reason.
B. Use of our Subscription Services
Access to and use of the Subscription Services is subject to these Terms, as well as any and all all terms and conditions set forth in a a a separate agreement (“Subscription Agreement”) between Casetext and your law firm, company or other entity (“Subscriber”).
1. License Grant
Casetext grants Subscribers, during the term of the Subscription Agreement, a non-exclusive, limited, non-transferable, worldwide license to access and use the selected Casetext Subscription Services indicated in the Subscription Agreement in accordance with the provisions herein.
2. Authorized Users and Usage
Authorized Users are permitted to use the applicable Subscribed Services, solely in connection with the Subscriber’s provision of its legal services to clients or within its own practice, business or educational activities, and in a manner that is not commercially prejudicial to Casetext.
3. License Restrictions
Subscriber shall not, and shall ensure that its personnel, including Authorized Users, do not share passwords or access or use the Subscribed Service except to the extent expressly permitted by Section I.B.2, or as otherwise expressly permitted in writing by Casetext.
4. Fees and Payment Terms
Subscriber shall pay the subscription fees (“Fees”) in the amount(s) indicated on the Subscription Agreement. The Fees do not include any sales taxes or other applicable taxes that may be imposed by any taxing authority in any jurisdiction in connection with the subscription (“Taxes”), and Subscriber shall be responsible for all such Taxes. Subscriber’s payment(s) of Fees and applicable Taxes shall be due within 30 days after the date of Casetext’s invoice(s), or such other period as may be stated on the Subscription Agreement. Late payments may accrue interest at a monthly rate of 1% of the overdue balance.
5. Term and Termination
i. Term and Renewal. Casetext will provide the Subscription Services commencing on the Effective Date for the Initial Term indicated on the Subscription Agreement (or, if none is indicated, an Initial Term of one year), and thereafter for successive one-year renewal terms commencing on each anniversary of the Effective Date (“Renewal Terms”), unless and until the subscription is terminated with respect to any or all of the Subscribed Services as provided in Section I.B.5.ii or I.B.5.iii.
ii. Termination by Subscriber. Subscriber may terminate the subscription (a) with respect to any or all of the Subscription Services, effective at the end of the Initial Term or the current Renewal Term, by giving Casetext written notice of termination at least 30 days prior to the beginning of the next Renewal Term or (b) with respect to any Subscription Service affected by Casetext’s material breach of the Agreement, if Casetext does not cure such material breach within 30 days after Subscriber gives Casetext written notice of such material breach.
iii. Termination by Casetext. Casetext may terminate the subscription (a) with respect to any Subscription Services affected by Subscriber’s material breach of the Agreement, if Subscriber does not cure such material breach within 30 days after Casetext gives Subscriber written notice of such material breach, (b) immediately upon giving Subscriber written notice, in the event that Subscriber fails to pay any Fees or Taxes when due in accordance with Section I.B.4, or (c) at any time, without cause, effective upon giving Subscriber written notice of termination.
iv. Effect of Termination. In the event of termination of the Subscription Services, Subscriber’s obligations under these Terms and under any Subscription Agreement shall immediately cease. If the subscription is terminated by Subscriber for cause pursuant to Section I.B.5.ii or by Casetext without cause pursuant to Section I.B.5.iii(c), Casetext shall refund, on a pro rata basis, Fees paid by Subscriber for the affected Subscription Services, for the unused subscription period following the effective date of termination.
6. Trial access
We may offer limited pre-subscription trials to potential subscribers and individual users. When you’re using Casetext on a trial, you are authorized to use one or more of the Casetext Subscription Services for a limited period of time, all as determined by us in our sole discretion. All Authorized Users of Trial Services are subject to the same terms and use restrictions as Subscribers.
C. Access and Usage Restrictions
1. Access Restrictions
Without limitation to any other available contractual, legal or equitable remedies, we reserve the right to revoke, suspend or terminate, without notice, any user’s access to one or more (or all) of the Casetext Services upon any violation or suspected violation of the Terms of Services.
You agree not to access or attempt to access any Casetext services other than through Free Services, Trial Services, or Subscription Services for which you are authorized, or otherwise circumvent or attempt to circumvent any access restrictions or controls through hacking or other means. Users of Trial Services and Subscription Services shall not disclose their assigned user name or password to anyone.
For information about Casetext’s subscription services, email email@example.com.
2. Usage Restrictions
By using Casetext Services you agree not to engage in any of the following prohibited activities:
- You will not engage in any bulk downloading or automatic scraping of the materials in Casetext Services.
- You will not use any automated system to access Casetext Services in a manner that sends more request messages to Casetext’s servers than a human can reasonably produce in the same period of time by using a conventional online web browser. The sole exception is that Casetext grants the operators of public search engines permission to use spiders to copy certain materials from Casetext Services for the sole purpose of creating publicly available searchable indices of the materials. Casetext reserves the right to restrict the content that public search engines are authorized to copy or index, or revoke part or all of that right at any time. Casetext presumptively does, but is under no obligation to, exclude user-generated Republished Content from the content public search engines are authorized to copy or index.
- You will not take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure as determined by Casetext.
- You will not bypass the measures Casetext may use to prevent or restrict access, use, or copying of Casetext Services.
II. Publishing & Sharing on Casetext
A. Your Content
Casetext Services include the ability to publish articles, legal analysis, commentary, case updates, and other written information to the public Casetext website (referred to in these Terms as “content”). Attorneys and other authors publish this content to reach the wider legal community through Casetext’s legal research platform, both through Free Services and Subscription Services. We don’t claim any ownership over this content. We don’t claim ownership over any of it. However, by posting or transferring content to Casetext, you give us permission to use your content to do all the things we believe, in Casetext’s sole discretion, help us to provide the Casetext Services, including, without limitation, storing, displaying, reproducing, and distributing your content. This may include promoting your content on other online platforms and with partner companies or services for broader broadcast, distribution, or publication. We want your content to be read by the people who’ll find it most useful and interesting.
Casetext is a community-driven resource, and accessing your contributions will always be free on Casetext. We will never sell your content to third parties without your explicit permission.
By publishing on Casetext, you agree to allow others to view your content. You also hereby grant others the right to: (a) share, post adapt, or otherwise use Original Content for any purpose under the Creative Commons Attribution-ShareAlike license, and in accordance with the “Sharing other users’ content” section below; and (b) share, post, adapt or otherwise use Republished Content for any purpose, in accordance with the “Sharing other users’ content” section below.
We have the right (though no obligation) to remove any content you post, transfer to, or republish on Casetext Services for any reason or no reason. All content you post on Casetext is governed by this Agreement, and any violation may result in your content being permanently deleted without notice.
You are free to delete your content from Casetext at any time, though there may be a delay in removing it from public view due to operational requirements. If you delete your account or content, it may be permanently unrecoverable.
Casetext takes no responsibility and assumes no liability for any user content that you or any other user or third party posts, sends, or otherwise makes available over the Services. You’re responsible for the content you submit to Casetext and assume all risks associated with it, including anyone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights. By posting, you represent that you own or have the necessary rights to post the content on Casetext, and that doing so doesn’t conflict with any other licenses you’ve granted.
B. Republishing Your Content
We get a lot of questions about whether you can post content you own on Casetext if you’ve already posted it elsewhere, like on your blog or professional website. The answer is yes. If you own the content, you’re welcome to copy it from other places and publish it on Casetext (and vice versa) as long as you didn’t give exclusive rights to other platforms or publishers.
In fact, we’ve had so much demand by users to republish content that they’ve previously published on their blogs that we built a feature to automatically import your blog and link your posts to the cases and statutes they cite. Note that just as publishing original content on Casetext indicates that you agree to allow others to view your content and distribute it with full attribution to you, republishing content that you previously published elsewhere is governed by similar rules (details below).
C. Publishing Restrictions
Casetext is an online legal community where users post thoughtful legal commentary to peers, clients, students, and others for the purpose of advancing the collective understanding, demonstrating thought leadership, and building connections in the legal community. We expect all users to contribute content with that purpose in mind.
Because Casetext is a shared space, and we want many different ideas to thrive, we need to have a few ground rules. By using Casetext, you represent, warrant, and agree that you will not contribute any content that:
- Infringes, violates, or otherwise interferes with any copyright or trademark of another person or entity.
- Reveals any trade secret, unless you own the trade secret or have the owner’s permission to post it.
- Infringes any intellectual property right of another.
- Is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, humiliating to other people, obscene, profane, or otherwise violates any law or right of any person. We encourage users to speak freely on matters and people of legal and public interest, but we do not tolerate abusive behavior directed at private individuals.
- Contains a virus, Trojan horse, worm, time bomb, or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information.
- Contains information that violates others’ privacy, including personally identifying or confidential information like credit card numbers, social security numbers, or non-public contact information.
- Contains any information or content that is illegal (including but not limited to disclosure of insider information under securities law).
- Seeks to harm or exploit minors by exposing them to inappropriate content, asking for personally identifiable details, or otherwise.
- Contains spam, deceptive tags or links, malicious code, deceptive means to generate revenue or traffic, or otherwise misleads other users about what you’ve posted. Don’t post content with the primary purpose of affiliate marketing.
- Involves deceptive impersonation, phishing, or other frauds.
- Registers accounts or posts content automatically, systematically, or programmatically.
We reserve the right to erase any content in violation of these rules, and to ban the IP address of users that post prohibited content. We do our best to act fairly, but we always reserve the right to suspend accounts or remove content, without notice, for any reason, but particularly to protect our services, infrastructure, users, or community. We reserve the right to enforce, or not enforce, these policies at our sole discretion, and these policies don’t create a duty or contractual obligation for us to act in any particular manner.
D. Sharing other users’ content
You may use content originally published by users on Casetext (“Original Content”) under the Creative Commons Attribution-ShareAlike license. Your use of content republished on Casetext by the copyright owner after initially having been published elsewhere (“Republished Content”) is governed by different rules. The rules relating to attribution differ depending on whether the content you’re sharing is an annotation, post, or article originally published on Casetext (i.e. Original Content), or if it is Republished Content.
Original Content. If you share, post, or otherwise use Original Content outside of Casetext, you agree that you will follow the Creative Commons attribution rules, including as follows:
- You will ensure that any use clearly indicates the author names.
- You will ensure that any use on the internet will hyperlink each author name directly back to his or her Casetext user profile.
- You will ensure that any use on the internet includes a hyperlink directly to the original page on Casetext where the Original Content appears.
Republished Content. Authors of Republished Content have provided explicit permission to post the full text of their content on Casetext. Republished Content may include a hyperlink to a third-party website where that content was originally published. You can share or post Republished Content outside of Casetext only in accordance with the following rules:
- You may only post quotations or brief snippets (under two sentences), not the full text.
- You will ensure that any use clearly indicates the author names.
- You will ensure that any use on the internet will hyperlink each author name directly back to either his or her Casetext user profile or his or her official professional biographical page on an external website.
- You will ensure that any use on the internet includes a hyperlink to the page on Casetext where the Republished Content appears, or to a version of the post or article previously published outside of Casetext Services.
For any other uses of Republished Content, you must obtain the express permission of the author or copyright holder. If you have any questions about sharing posts, annotations, or articles in accordance with Creative Commons or otherwise in compliance with this Agreement, including without limitation whether you’re dealing with Original Content or Republished Content, or guidance on how to add the appropriate hyperlinks, contact us at firstname.lastname@example.org.
E. Real Identities Policy
Casetext Services are powered by a massive database of content — legal analysis, commentary, case summaries, and updates — published by a community of attorneys, academics, and other experts on the Casetext website.
All Casetext users must use their real names and identities when participating in the Casetext community. That means that if you register as a Casetext user (which you are required to do to publish content on Casetext), you must provide Casetext with accurate registration information, including your real name and email address. We reserve the right to cancel or refuse registration at our discretion, and users should expect that their subscription may be terminated without notice if we suspect a user has entered personal information that is inaccurate, deceptive, or designed to hide the user’s true identity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Casetext immediately of any breach of security or unauthorized use of your account. Casetext will not be liable for any losses caused by any unauthorized use of your account. You may never use another user’s account without permission.
F. Publisher Obligations
You are solely responsible for your interactions with other Casetext users. We reserve the right, but have no obligation, to monitor disputes between you and other users. Casetext shall have no liability for your interactions with other users, or for any user’s action or inaction.
III. Our content
All right, title, and interest in and to Casetext Services (which includes all materials displayed on site including text, graphics, logos, tools, features, photographs, software, audio, and video, but excluding content provided by users and excluding the text of judicial cases, statutes, regulations, and other primary legal documents) are and will remain the exclusive property of Casetext. Casetext Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Casetext Services or content.
Some portions of the site are licensed pursuant to third party open source licensing. We have also open sourced some of our own code, available here. For the remainder of the site, you may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascipt, logos, or visual design elements (or any other aspects of the Casetext Services or related materials) without express written permission from Casetext unless otherwise permitted by law.
Any feedback, comments, or suggestions you may provide regarding Casetext or Casetext Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
IV. Casetext Accounts on Behalf of Individuals and Organizations
We may maintain different types of accounts for different types of users. If you open a Casetext account on behalf of a law firm, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
V. Copyright in legal materials
Primary legal documents are matters of public record, and Casetext is committed to making this information more widely accessible. U.S. copyright law does not protect state or federal “legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials.” Compendium of U.S. Copyright Office Practices, § 313.6(C)(2);see also__Howell v. Miller, 91 F. 129, 137 (6th Cir. 1898). For this reason (among others), Casetext has no obligation to respond to or comply with takedown requests or complaints with respect to such public domain materials. That being said, and without limiting the foregoing, under certain circumstances and at our discretion, Casetext may respond to requests to remove cases from public search engine results. To make such a request, either submit the details of your request using the questionnaire at this link, or email your name, contact information, the URL for the judicial opinion in question, and the reason for you request to email@example.com.
If you have reason to believe that any judicial opinion filed under seal or otherwise subject to a protective order has been published in error, please notify us immediately.
VI. No legal advice
All content is for general informational purposes only, and should not be taken as professional advice.In particular, Casetext and Casetext Services are not a law firm and do not provide legal advice. There is no attorney-client relationship between you and Casetext, regardless of whether you are a Casetext subscriber. While user-provided content is subject to an internal moderation process, we do not review Casetext Services for accuracy or legal sufficiency, we do not draw legal conclusions, and we do not apply the law to any particular set of facts or situation you may encounter. Casetext is not regulated by any state of national bar association. In using Casetext Services, you indicate your understanding that Casetext does not provide legal advice and is not engaging in the practice of law.
VII. We may modify this Agreement at any time
We may revise this Agreement from time to time. The most current version will always be posted to our website. If a revision, in our sole discretion, is material, we’ll let you know by email, and we will update the ‘last modified’ date at the bottom of this page. Other changes may be posted to our blog or Terms of Service page, so please check those pages regularly. By continuing to access or use Casetext Services after revisions become effective, you agree to be bound by the revised Agreement. If you do not agree to the new terms, please stop using the Services.
You can access historical versions of our Terms of Service and other policies here.
VIII. We may modify our Services at any time
Casetext Services may continue to change over time as we refine and add more features. We do our best to provide you a reliable service, but we may change, terminate, or restrict access to any aspect of the Service, at any time, without notice. We may also remove any content from our Services at our discretion.
IX. Casetext Property
Users may be recognized publicly on Casetext for their activities and content shared on the site. The Casetext Services may contain data, information, and other content not owned by you, such as reputational or status indicators, ranking systems, and/or fictional property representing virtual achievements (“Casetext Property”). You understand and agree that regardless of terminology used, Casetext Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Casetext’s sole discretion. Casetext Property is not redeemable for any sum of money or monetary value from Casetext at any time. You acknowledge that you do not own the account you use to access the Services, nor do you possess any rights of access or rights to data stored by or on behalf of Casetext on Casetext servers, including without limitation any data representing or embodying any or all of your Casetext Property. You agree that Casetext has the absolute right to manage, regulate, control, modify and/or eliminate Casetext Property as it sees fit in its sole discretion, in any general or specific case, and that Casetext will have no liability to you based on its exercise of such right. All data on Casetext’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY, AND ACCOUNT CONTENT RESIDING ON CASETEXT’S SERVERS MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN CASETEXT’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. CASETEXT DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON CASETEXT’S SERVERS.
By providing Casetext your email address you consent to our using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in the Account Settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
XI. No children please
Casetext is only for people 13 years old and over. If you’re under 13, we’re sorry, but you’re not allowed here. If we learn a child under 13 is using Casetext we will terminate the child’s account.
XII. Security and responsible disclosures
XIII. Third-party account use for sign-ins
XIV. Third-party links
XV. DMCA Copyright Policy
Casetext respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the Digital Millennium Copyright Act (“DMCA”) and are properly provided to us in accordance with the law. Such notices should be reported to firstname.lastname@example.org and undergo our DMCA process. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat copyright infringers in appropriate circumstances.
Our designated agent for notice of alleged copyright infringement is:
330 Townsend St Ste 100
San Francisco, CA 94107
XVI. Miscellaneous lawyerly provisions
YOU USE THE CASETEXT SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
CASETEXT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO CASETEXT SERVICES. FOR EXAMPLE, WE DO NOT WARRANT THAT (I) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ABSOLUTELY SECURE, OR ERROR-FREE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN THE CASETEXT SERVICES WILL BE CORRECTED.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT CASETEXT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CASETEXT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE CASETEXT SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CASETEXT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CASETEXT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO CASETEXT HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CASETEXT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Services are controlled and operated from facilities in the United States. Casetext makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
Governing Law. You agree that: (i) the Services shall be deemed solely based in California; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CASETEXT. For any dispute with Casetext, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Casetext has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Clara County, California, unless you and Casetext agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Casetext from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CASETEXT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Casetext without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to the Agreement. Casetext may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Casetext in our sole discretion. Casetext reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Casetext is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
We’d love to hear your questions, concerns, and feedback about this policy. If you have any suggestions for us, feel free to let us know at firstname.lastname@example.org.
This Agreement was last modified on December 2, 2016.