Casetext Terms of Service
Updated March 2, 2023
Please read the following Terms of Service carefully before using or accessing Casetext Services.
By executing or accepting any Subscription Agreement with Casetext, clicking the “I accept” button as part of the registration process for the Services, and/or by using any of the Casetext Services, with or without a registration, you agree to this Agreement either for yourself or on behalf of your employer or another entity if so specified. If you are accepting and/or executing on behalf of your employer or another entity, you represent and warrant that you have read and understand, have the full legal authority to, and hereby bind your employer or such entity to this Agreement. If you do not have such legal authority, or you do not agree with this Agreement, you must not accept this Agreement and you may not use the Casetext Services.
If you are using the Casetext Services during a proof of concept or other product trial (“Evaluation”), your use of the Services during the Evaluation period is governed by this Agreement. If you continue to use the Services after the conclusion of the Evaluation period without a fully executed subscription agreement between Casetext and you or your company, you understand that this Agreement will also govern your ongoing use of those Services. The content available through Casetext Services and on the Casetext Website does not constitute legal advice and no attorney-client relationship is formed. The accuracy, completeness, adequacy or currency of the Content in the Casetext Services is not warranted or guaranteed. Your use of the Casetext Services or materials linked from the Casetext Services is at your own risk.
You may not access the Services if you are a direct competitor to Casetext, or monitor the functionality, performance, or availability of the Services, or any other competitive purposes.
PLEASE READ THE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION AGREEMENT IN SECTION 13(G) AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 13(H) THAT REQUIRE, WITH ONLY SPECIFIED EXCEPTIONS OR UNLESS YOU OPT OUT PURSUANT TO THE PROVIDED INSTRUCTIONS, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTIONS OR PROCEEDINGS.
You may use the Services only if you can form a legally binding contract with us (and on behalf of your organization, as applicable), and only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations. To use our Service, you must be at least 18 years of age. You represent and warrant that you meet the applicable age requirements and are competent to agree to these Terms.
Except to the extent a restriction is prohibited by law, you agree not to do, and not to assist, permit or enable any third party to do, any of the following:
disassemble, reverse engineer, decode or decompile any part of our Service;
use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means, to access, collect, copy or record the Services;
copy, rent, lease, sell, loan, transfer, assign, sublicense, resell, distribute, modify, alter or create derivative works of any part of the Services or any of our Intellectual Property (defined below);
use the Services in any manner that impacts (i) the stability of our servers, (ii) the operation or performance of the Services or any User’s use of the Services, or (iii) the behavior of other applications using the Services;
use the Services in any manner or for any purpose that (i) violates or promotes the violation of any applicable law, regulation, legal requirement, contractual obligation or right of any person including, but not limited to, intellectual property rights, rights of privacy, or rights of personality, (ii) is fraudulent, false, deceptive or defamatory, (iii) promotes hatred, violence or harm against any individual or group, or (iv) otherwise may be harmful or objectionable (in our sole discretion) to us, our providers, our suppliers, our Users, or any other third party;
use or display the Services in competition with us, to develop competing products or services, for benchmarking or competitive analysis of the Services, or otherwise to our detriment or disadvantage;
attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running the Services;
transmit viruses, worms or other software agents through the Services;
impersonate another person or misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use the Services for any invasive or fraudulent purpose;
share passwords or authentication credentials for the Services, or otherwise circumvent the measures we may use to prevent or restrict access to the Services or enforce limitations on use of the Services; or
identify or refer to us or the Services in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you (or a third party) and us, without our prior express written consent.
To access and use the Casetext Services, you will be required to register an account with Casetext by completing a registration form and designating a user ID and password. When registering an account with Casetext, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Casetext Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Casetext Services (or any portion thereof).
You may not authorize any third party to access or use the Casetext Services on your behalf. You are responsible for maintaining the confidentiality of the user ID and password and are fully responsible for all activities that occur under your account. You agree to immediately notify Casetext of any unauthorized use of your account or any other breach of security. Casetext cannot and will not be liable for any loss or damage arising from any unauthorized use of your account. By providing us with your email address, you agree to receive all required notices electronically, to that email address.
By inputting or supplying your Registration Data, including an email address, address, mobile telephone number and/or telephone number, or by otherwise creating an account, you electronically consent to receive marketing or advertising messages communications including email or mobile push notices from Casetext and third parties, such as changes to features of the Services and special offers. If you do not want to receive such messages, you may opt out or change your preferences by contacting the Casetext Services support team at firstname.lastname@example.org, or by clicking the unsubscribe link within each marketing or advertising email message. Opting out of marketing communications will not prevent you from receiving Services-related notices.
3. Term and Termination
The term of this Agreement will continue unless and until terminated by either party. Either party may terminate this Agreement for convenience, at any time, upon written notice to the other party, subject to the terms and conditions in Section 6(C) below. Casetext may provide the User with notice of termination by email to the User contact reflected in your Registration Data. User may provide Casetext with notice of termination by contacting the Casetext Services support team at email@example.com.
If in Casetext’s sole judgment you fail, or if Casetext suspects that you have failed, to comply with any provision of this Agreement, Casetext may terminate the Agreement at any time without notice. For clarity, any such termination of the Agreement will terminate any and all of your existing Subscriptions.
The following provisions will survive any termination of this Agreement: Section 3 (“Term and Termination”), Section 4 (“Intellectual Property Rights”) (except as expressly provided therein), Section 5 (“Confidentiality”), Section 6 (“Fees”), Section 7(A) (“Privacy”), Section 8 (“Representations & Warranties”), Section 9 (“Liability”), Section 10 (“Changes to Agreement”), Section 11 (“Inactivity or Cancellation or Termination of Subscription”) and Section 13 (“General Provisions”).
4. Intellectual Property Rights
A. User Data and Content
The User retains all right, title and interest (including, but not limited to, intellectual property rights) in and to the User’s Confidential Information, any data that the User uploads or enters into the Services (the “User Data”), legal briefs and other court submissions drafted and uploaded to the Services (“Drafts”), any reports generated by the Services based on the Drafts (“Reports”), and any other content and documents uploaded to the CoCounsel and AllSearch Services by the User (“User Content” and collectively with User Data, Drafts and Reports, “Your Content”).
User grants Casetext a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferable and sublicensable license to access and use User Data in order to generate usage data that does not identify, or reasonably permit identification of, the User Data (the “Usage Data”). Casetext does and shall own the Usage Data.
In connection with Your Content, you affirm, represent and warrant the following:
You have obtained and are solely responsible for obtaining all consents as may be required by law to post any of Your Content relating to third parties;
Your Content and our use thereof as contemplated by these Terms and the Services will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
Your Content does not include any information or material that a governmental body deems to be sensitive or classified information, and by providing Your Content to or through the Services, you are not violating the confidentiality rights of any third party; and
We may exercise the rights to Your Content granted under these Terms without liability for payment of any fees.
We take no responsibility and assume no liability for any of Your Content You understand and agree that on the Services you may be exposed to content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of or relating to any content accessed on or through the Services.
Unless otherwise mutually agreed in writing, Your Content shall not include, and you shall not process or submit to Casetext, any regulated data, including, but not limited to: (i) special categories of personal data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation; (ii) patient, medical, or other protected health information regulated by the Health Insurance Portability and Accountability Act (HIPAA); (iii) credit, debit, or other payment card data subject to PCI DSS; (iv) other personal information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (or related rules or regulations); (v) social security numbers, driver’s license numbers, or other government ID numbers; or (vi) any data similar to the foregoing that is protected under foreign or domestic laws or regulations.
B. Casetext Technology
Casetext retains all right, title and interest (including, but not limited to, intellectual property rights) in and to the Services including all of the software, code, interfaces, processes, images, graphics, text or other materials contained therein, and other technology used by Casetext in providing the Services (the “Casetext Technology”), Casetext’s Confidential Information, any documentation made available to User by Casetext for use with the Services, the collective ideas, know-how, inventions, methods, or techniques developed or conceived as a result of providing the Services hereunder, including any derivative works, improvements, enhancements and/or extensions made to the Services and any information reflecting the access or use of the Services by or on behalf of Customer or any User, including but not limited to visit-, session-, impression-, click through- or click stream-data and any statistical or other analysis, information or data based on or derived from any of the foregoing. In the event User provides Casetext with any suggestions, ideas, improvements or other feedback with respect to any aspect of the Services (“Feedback”), Casetext shall own such Feedback.
C. User License
In accordance with this Agreement and subject to limitations provided in any Subscription Agreement for Casetext Services, Casetext grants to the User a limited, non-exclusive, non-transferable, non-assignable and non-sublicensable worldwide license to access and use, and to permit Authorized Users (defined below) to access and use, the Casetext Services solely for the User’s internal business purposes.
D. User Responsibilities
The User will limit access to the Services to its personnel who have a need to use the Services in the normal course of their duties (“Authorized Users”). The User and its Authorized Users shall not, directly or indirectly: (i) reverse engineer, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Services; (ii) copy, modify or create derivative works based on the Services or the content contained therein; (iii) rent, lease, distribute, sell, resell, assign, or otherwise transfer User’s rights to use the Services; (iv) use the Services to develop any similar or competitive service; (v) use the Services in violation of any applicable laws or third party rights (vi) bypass any measures Casetext uses to restrict access to the Services, (vii) remove or modify any proprietary marking or restrictive legends placed on the Services, (viii) use the Services to store or transmit malicious code, or to transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, or (ix) harass, abuse, insult, harm, defame, slander, discriminate against, disparage or intimidate others (including Casetext employees and contractors). User represents, warrants and covenants on behalf of itself and its Authorized Users that it: (a) will not use, or permit the use of, the Services for illegal, fraudulent, or unethical purposes or otherwise in a manner that could give rise to civil or criminal liability; and (b) will not interfere with or impede the ability of others to use the Services. User shall ensure that it and its Users comply with the provisions of the Agreement applicable to use of the Services and shall be liable for any and all use of and access to the Services by any Authorized Users.
The parties acknowledge and agree that each party (the “Receiving Party”) may have access to certain confidential information (“Confidential Information”) of the other party (the “Disclosing Party”). “Confidential Information” means all information provided by the Disclosing Party to the Receiving Party hereunder that is (i) proprietary and/or non-public information related to the business activities of the Disclosing Party, its subsidiaries, and its affiliates, including any business plans, strategy, pricing, or financial information; (ii) the terms of any Subscription Agreement; and/or (iii) any other information that is designated as confidential by the Disclosing Party. Confidential Information of Casetext shall also include the Services, and Confidential Information of the User shall also include the Drafts and Reports. Confidential Information does not include Your Content or any information that is or was, at the time of the disclosure: (a) generally known or available to the public; (b) received by Receiving Party from a third party; (c) already in Receiving Party’s possession prior to the date of receipt from Disclosing Party; or (d) independently developed by the Receiving Party without reference to Disclosing Party’s Confidential Information, provided in each case that such information was not obtained by the Receiving Party as a result of any unauthorized or wrongful act or omission, or breach of this Agreement, or breach of any legal, ethical or fiduciary obligation owed to the Disclosing Party.
At all times the Receiving Party shall: (1) use the same standard of care to protect the Confidential Information as it uses to protect its own confidential information of a similar nature, but not less than a commercially reasonable standard of care, (2) not use the Disclosing Party’s Confidential Information other than as permitted under this Agreement, and (3) not disclose, distribute, or disseminate the Confidential Information to any third party, except as permitted by this Agreement.
A. Subscription Fees
We may make portions of the Services available on an automatically renewing subscription basis (each, a “Subscription” for the Services) for recurring fees (“Subscription Fees”). For the most current information about our Subscription Fees, please review our Subscription Terms at https://casetext.com/subscribe, which are incorporated by reference herein. We may make available, or remove from availability, any portion of the Services on a subscription basis in our sole discretion. We may add or amend Subscription Fees at our sole discretion. When we add or amend Subscription Fees, we will update our online Subscription Terms. Any change to our online Subscription Terms shall become effective in the Subscription Term (as defined below) following notice of such change to you as provided in this Agreement; provided, however, that if we have offered a specific duration and Subscription Fees for your use of the Services, we agree that such Subscription Fees will remain in force for that duration. Your Subscription will automatically renew at the end of the term identified in your Subscription Agreement for subsequent terms equal in length to the initial term (the initial such term and each renewal term, a “Subscription Term”) unless and until you cancel your Subscription or it is suspended, discontinued or terminated in accordance with this Agreement.
When you purchase a Subscription to the Services, you acknowledge and agree that we and/or our third-party payment processors are authorized to charge you for: (i) the Subscription Fees identified in the applicable Subscription Agreement; (ii) sales, use, value-added withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on the income of Casetext; and (iii) any other charges you may incur in connection with your purchase and use of the Services. You acknowledge and agree that the amount billed may vary due to promotional offers, changes in the Subscription Fees in accordance with the terms of this Agreement, and/or changes in applicable taxes, and you authorize us to charge your payment method for the changed amounts.
Except as otherwise set forth in an applicable Subscription Agreement, all Subscription Fees are immediately due and payable in advance at the start of each Subscription Term. You agree to pay all Subscription Fees with your credit card, debit card, or other payment method. You must provide us with a current, valid, accepted payment method. When you initiate a payment transaction, you authorize us to provide your payment information to third parties so we can complete your transaction and charge your payment method in United States dollars. We currently use Stripe as our third-party service payment processor, and by using our Services you agree to be bound by Stripe’s Services Agreement, available at https://stripe.com/us/legal. Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less (plus the costs of collection). If your payment is not successfully settled for any reason within fourteen (14) days after payment has been initiated for your transaction, your Subscription and access to the Services may be canceled or suspended in our sole discretion.
C. Cancellation Procedure
You may cancel your Subscription(s) at any time, however you remain liable for the Subscription Fees until the Subscription terminates at the end of the Subscription term. In order to cancel your Subscription, you must notify us at least three (3) days before the start of the next Subscription Term using the appropriate functionalities of the Services or by contacting us at firstname.lastname@example.org. You will continue to have access to the Services through the end of the Subscription Term.
D. No Refunds
SUBSCRIPTION FEES ARE NON-REFUNDABLE EXCEPT AS OTHERWISE EXPRESSLY AGREED IN WRITING. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT BE REFUNDED FOR ANY UNUSED TIME IN YOUR SUBSCRIPTION TERM OR ANY PRE-PAYMENTS MADE FOR SERVICES IN THE EVENT THAT: (I) YOU CANCEL OR TERMINATE YOUR SUBSCRIPTION OR (II) WE SUSPEND OR TERMINATE YOUR SUBSCRIPTION OR THIS AGREEMENT FOR YOUR BREACH OF THIS AGREEMENT.
7. Privacy and Security
B. Security of User Content
Without limiting the following, Casetext shall maintain commercially reasonable physical, technical and administrative safeguards for protection of the security, confidentiality and integrity of the Drafts and User Content. User acknowledges that the structure of the systems used in connection with the Services makes it technically possible for a limited number of Casetext personnel to access the Drafts and User Content. Casetext personnel will only access the Drafts and User Content subject to the confidentiality restrictions in Section 5 (“Confidentiality”) hereof, and with the consent of User or to the extent reasonably required (i) to perform the Services on behalf of User; (ii) to investigate or correct a system error or otherwise improve the Services; (iii) to respond to duly authorized information requests of police, law enforcement, or other governmental authorities; (iv) to comply with any applicable law, regulation, subpoena, discovery request or court order; (v) to investigate and help prevent security threats, fraud, or other illegal, malicious, or inappropriate activity; or (vi) to verify compliance with the provisions hereof; or (vii) to enforce/protect the rights and properties of Casetext.
8. Representations & Warranties
Each party represents and warrants that this Agreement constitutes its valid and binding obligation and is enforceable against it in accordance with the terms of this Agreement.
EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS SECTION 8, CASETEXT DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY REPRESENTATIONS OR WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, CASETEXT MAKES NO WARRANTY THAT (I) THE SERVICES, INCLUDING THE CASETEXT TECHNOLOGY, THE REPORTS, OR ANY OTHER SERVICES OR DELIVERABLES PROVIDED HEREUNDER (COLLECTIVELY, THE “MATERIALS”) WILL MEET THE REQUIREMENTS OF USER OR OPERATE IN COMBINATION WITH ANY HARDWARE, SOFTWARE OR DATA NOT PROVIDED BY CASETEXT, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE ACCURATE, RELIABLE OR ERROR-FREE, OR (IV) ANY ERRORS IN THE MATERIALS WILL BE CORRECTED. THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL DEFECTS. NO ORAL OR WRITTEN INFORMATION OR COMMUNICATIONS GIVEN BY CASETEXT, ITS EMPLOYEES, OR AGENTS WILL INCREASE THE SCOPE OF THE ABOVE WARRANTY OR CREATE ANY NEW OR ADDITIONAL WARRANTIES.
THE CONTENT PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES IS DESIGNED TO PROVIDE PRACTICAL AND USEFUL INFORMATION ON THE SUBJECT MATTER COVERED. WHILE SUCH CONTENT MAY CONCERN ISSUES RELATED TO PROFESSIONAL SERVICES, SUCH CONTENT IS NOT PROFESSIONAL SERVICES ADVICE. YOU SHOULD NOT ACT OR REFRAIN FROM ACTING ON THE BASIS OF ANY CONTENT INCLUDED ON THIS SITE OR IN CONNECTION WITH THE SERVICES WITHOUT SEEKING THE ADVICE OF A COMPETENT PROFESSIONAL IN THE APPLICABLE SUBJECT MATTER. WE EXPRESSLY DISCLAIM ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT OF OR IN CONNECTION WITH THE SERVICES. CASETEXT’S PROVISION OF THE SERVICES, THE MATERIALS MADE AVAILABLE ON THE SERVICES AND ANY INFORMATION PROVIDED BY OUR REFERENCE ATTORNEYS (AND ANY OTHER CASETEXT REPRESENTATIVES) ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. USER ACKNOWLEDGES AND AGREES THAT THEY DO NOT, AND ARE NOT INTENDED TO, CONSTITUTE LEGAL ADVICE AND DO NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
EXCEPT FOR DAMAGES ARISING FROM A PARTY’S FRAUD,WILLFUL MISCONDUCT, VIOLATION OF APPLICABLE LAW OR INFRINGEMENT, VIOLATION OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS OR CONFIDENTIALITY OBLIGATIONS, IN NO EVENT WILL (I) CASETEXT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUES, DATA LOSS OR USAGE, OR LOSS OF OPPORTUNITIES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) CASETEXT’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE SERVICES, REGARDLESS OF CAUSE OR THEORY OF RECOVERY, EXCEED ONE HUNDRED DOLLARS ($100).
To the extent any liability of a party cannot be disclaimed, excluded or limited as aforesaid under applicable law, such liability shall be disclaimed, excluded and limited to the fullest extent permitted under applicable law.
10. Changes to Agreement
Casetext may amend the terms of this Agreement from time to time by posting the revised terms of this Agreement on Casetext’s website and/or by providing written notice of such amendment to the User (which notice may be provided via email to the User contact listed is the Registration Data). Any revised terms of this Agreement will take effect from the date of posting or notice to the User, unless otherwise specified in such posting or notice. The User should check Casetext’s website frequently for any such revisions. The User’s continued use of the Services shall be deemed to constitute its acceptance of any such revised terms of this Agreement.
11. Inactivity or Cancellation or Termination of Subscription
Upon a prolonged period of inactivity, or any cancellation or termination of User’s Subscription to the Services, Casetext will have no obligation to maintain or provide access to the Drafts, the Reports, or the User Data. If a User’s account is inactive for one hundred and twenty (120) days, Casetext reserves the right to delete or destroy all copies of the Drafts, the Reports, and the User Data without providing notice, unless legally prohibited. Furthermore, Casetext reserves the right to delete or destroy all copies of the Drafts, the Reports, and the User Data in the normal course of operation any time after the expiry of thirty (30) days after the cancellation or termination of User’s subscription to the Services. The Drafts, Reports, and the User Data cannot be recovered once they are deleted or destroyed.
12. Third Party Websites
13. General Provisions
A. Relationship of the Parties
The relationship of the parties under this Agreement is one of independent contractors. This Agreement does not create an agency, partnership, franchise, joint venture, fiduciary or employment relationship between the parties.
B. Force Majeure
Neither Party shall be in default if its failure to perform or delay in performing any obligation under the Agreement (other than payment obligations) is caused any condition beyond the party’s reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood, or other acts of God, labor conditions, power failures, equipment failures, and Internet disturbances.
Neither Party may assign this Agreement or any Subscription, in whole or in part, without the other Party’s prior written consent, not to be unreasonably withheld; provided, however, that Casetext may assign the Agreement without User’s consent to any entity that acquires all or substantially all of the business or assets of Casetext related to the Services, whether by merger, reorganization, acquisition, sale, operation of law, change in control or otherwise. Any assignment made in conflict with this provision shall be void. This Agreement is binding upon and will inure to the benefits of each of the parties and their respective successors and assigns. Nothing in this Agreement is intended or shall be construed to give any person, other than the parties hereto, their successors and permitted assigns, any legal or equitable right, remedy or claim under or in respect of this Agreement.
No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right unless expressly acknowledged and agreed to by both parties in writing. A waiver of rights under this Agreement will not be effective unless it is in writing and signed by an authorized representative of the party that is waiving the rights. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
E. Execution; Severability
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. Except as stated in Section 13(G), If any provision of the Agreement, or portion thereof, is found to be invalid, unlawful or unenforceable to any extent, the parties shall negotiate in good faith amendments to the Agreement to reflect the original intent of the parties as closely as possible. Such invalid provision or portion thereof will be severed from the remaining provisions, which will continue to be valid and enforceable to the fullest extent permitted by applicable laws. In the case of any conflict or inconsistency between the provisions of a Subscription Agreement and the provisions of this Agreement, the provisions of the Subscription Agreement shall govern.
F. Governing Law and Jurisdiction
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 Casetext, 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.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This Section 13(G) (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Services, including receipt of any advertising, marketing, or other communications from us; (c) any transactions through, by, or using the Services; or (d) any other aspect of your relationship or transactions with us, directly or indirectly, as a user or consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms.
If you are a new User, you can reject and opt-out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at email@example.com with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
For any Claim, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim through binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, the Arbitration Agreement shall control. The arbitration will be conducted in the U.S. county where you live or Santa Clara, California, unless you and we 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 will 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. You and we agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms, or any provision of these Terms, is unconscionable or illusory or any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
NOTHING IN THIS SECTION WILL BE DEEMED AS: PREVENTING US 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; OR PREVENTING YOU FROM ASSERTING CLAIMS IN SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
H. 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 AND CASETXT 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.
I. DMCA Notices
We respect content owner rights, and it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via our Service, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide all of the following information in writing:
(a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
(b) Identification of the copyrighted work that you claim has been infringed;
(c) Identification of the material that is claimed to be infringing and where it is located on our Service;
(d) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
(f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to our DMCA Agent using the following contact information:
Address: Casetext, Inc.
Attn: DMCA Agent
548 Market St
San Francisco, CA 94104-5401
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that the preceding requirements do not constitute legal advice. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to our Service and/or terminate our Service Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
J. Publicity Rights
We may identify you as a User in our promotional materials. We will promptly stop doing so upon your request sent to email@example.com.
K. Entire Agreement.
These Terms, together with any amendments and any additional agreements you may enter into with us in connection with our Service, will constitute the entire agreement between you and us concerning our Service. None of our employees or representatives are authorized to make any modification or addition to these Terms. Any statements or comments made between you and any of our employees or representatives are expressly excluded from these Terms and will not apply to you or us or your use of our Service
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.