1. This document describes the Terms and Conditions (the "Terms")
that apply to all the products, software, services, and web sites
(collectively, the "Services") offered by CasemakerX, ("CasemakerX").
This is a legally binding agreement between you and CasemakerX in
relation to your use of the Services.
2. The Services may include e-mails or CasemakerX messages from other
CasemakerX members and Attorney members. Administrative messages,
service announcement, and other communications will be delivered via
registered e-mail addresses or as news items.
3. Unless explicitly stated otherwise, these Terms will govern any new
or additional features that enhance or augment the current Services.
4. You understand and agree that Services are provided "AS-IS" and that
CasemakerX assumes no responsibility for timeliness, deletion,
misdelivery, or failure to store any user communications, personal
settings, or information.
5. You are responsible for obtaining access to the Services, which may
include third-party fees (such as ISP or airtime charges). You are
responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you are responsible
for all equipment necessary to access the Services.
Acceptance of the Terms
1. CasemakerX provides the Services to you subject to the Terms, which may be updated from time to time without notice to you.
2. When using CasemakerX's Services, you shall be subject to any posted
guidelines or rules applicable to the Services, which may be posted and
amended from time to time. All such guidelines or rules are hereby
incorporated by reference into the Terms. We reserve the right, at our
sole discretion, to change, modify, add, or delete portions of these
the top of this page the date these terms were last revised. Your
continued use of the Service or the Site after any such changes
continue to use or access) the Service or the Site. It is your
responsibility to regularly check the Site to determine if there have
3. In order to use the Services, you must first agree to the Terms; if
you do not agree to the Terms, you may not use the Services. You can
accept the terms by:
a. Clicking to accept or agree to the Terms where this option is made available to you in the user interface for a Service, or
b. By actually using the Services. If you use the Services without
accepting or agreeing to the terms, you understand that your use of the
Services will serve as acceptance of the Terms from that point onward.
4. You may not use the Services and may not accept the Terms if:
a. You are not of legal age to form a binding contract, or
b. You are a person barred from receiving Services under the laws of the
United States or other countries, including the country in which you
are a resident or from which you use the Services.
c. You are not currently registered in a state accredited or ABA accredited law school.
5. You should save a copy of these Terms for your records.
Use of Services by You.
1. In order to access certain Services, you may be required to provide
information about yourself (such as identification or contact details)
as part of the registration process for the Service, or as part of your
continued use of the Services.
2. You agree to use the Services only for purposes that are permitted by
(a) the Terms and (b) any applicable law, regulation or generally
accepted practices or guidelines in the relevant jurisdictions
(including any copyright laws, or any laws regarding the export of data
or software to and from the United States or other relevant countries).
3. You agree that you will not engage in any activity that interferes
with or disrupts the Services (or the servers and networks which are
connected to the Services).
4. You understand that all information, data, text, photographs,
graphics, video, messages, tags, patterns, or other material ("Content")
whether posted publicly or transmitted privately, is your
responsibility and you are solely responsible for all content that you
upload, post, email, transmit, or otherwise make available via the
Service. You represent, warrant and agree that no materials of any kind
submitted through your account or otherwise posted, transmitted, or
shared by you on or through the Service will violate or infringe upon
the rights of any third party, including copyright, trademark, privacy,
publicity or other personal or proprietary rights; or contain libelous,
defamatory or otherwise unlawful material.
5. CasemakerX does not control the Content posted via the Service and,
as such, does not guarantee the accuracy, integrity, or quality of such
6. You agree that you are solely responsible for (and that CasemakerX
has no responsibility to you or to any third party for) any breach of
your obligations under the Terms and for the consequences (including any
loss or damage which CasemakerX may suffer) of any such breach.
7. You agree that you are solely responsible for (and that CasemakerX
has no responsibility to you or to any third party for) any errors or
omissions in any Content, or any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted, or
otherwise made available via the Service.
8. You agree not to use the Service to:
a. upload, post, email, transmit or otherwise make available any Content
we deem to be unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy or publicity rights, hateful, or racially, ethnically or
b. harm minors in any way;
c. impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity including
registering for more than one User account, registering for a User
account on behalf of an individual other than yourself, or registering
for a User account on behalf of any group or entity;
d. forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships;
f. upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form of
h. upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
i. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability to engage
in real time exchanges
j. interfere with or disrupt the Service or servers or networks
connected to the Service, or use the Service or the Site in any unlawful
manner or in any other manner that could damage, disable, overburden or
impair the Site;
k. intentionally or unintentionally violate any applicable local, state,
national or international law, including any regulations having the
force of law;
l. provide material support or resources (or to conceal or disguise the
nature, location, source, or ownership of material support or resources)
to any organization(s) designated by the United States government as a
foreign terrorist organization pursuant to section 219 of the
Immigration and Nationality Act;
m. "stalk," intimidate, or otherwise harass another; and/or
n. collect or store personal data about other users in connection with
the prohibited conduct and activities set forth in paragraphs 8.a
through 8.m above.
Provision of the Services by CasemakerX
1. CasemakerX is constantly changing. You acknowledge and agree that the
form, nature, and content of the Services which CasemakerX provides may
change from time to time without prior notice to you.
2. As part of this continuing innovation, you acknowledge and agree that
CasemakerX may stop (permanently or temporarily) providing the Services
(or any features within the Services) to you or to users generally at
CasemakerX's sole discretion, without prior notice to you. You may stop
using the Services at any time. You do not need to specifically inform
CasemakerX when you stop using the Services.
3. You acknowledge and agree that if CasemakerX disables access to your
account, you may be prevented from accessing the Services, your account
details or any files or other content which is contained in your
4. You acknowledge and agree that while CasemakerX may not currently
have set a fixed upper limit on the number of transmissions you may send
or receive through the Services or on the amount of storage space used
for the provision of any Service, such fixed upper limits may be set by
CasemakerX at any time, at CasemakerX's discretion.
Registration, Password, and Security.
1. You agree to provide true, accurate, current, and complete
information about yourself as prompted by the Service's registration
form (the "Registration Data").
2. You agree to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
3. If you provide any information that is untrue, inaccurate, not
current or incomplete, or if CasemakerX has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or
incomplete, CasemakerX has the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or
any portion thereof).
4. Upon completion of the Services registration process, you will
receive a password and account designation. You agree and understand
that you are responsible for maintaining the confidentiality of
passwords associated with any account you use to access the Services.
5. You agree and understand also that you are solely responsible to CasemakerX for all activities that occur under your account.
6. If you become aware of any unauthorized use of your password or of
your account, or of any other breach of security you agree to notify
CasemakerX immediately at firstname.lastname@example.org
7. At the end of each session, you agree to exit from your account.
8. You acknowledge, consent, and agree that CasemakerX may access,
preserve, and disclose your account information and Content if required
to do so by law, or in a good faith belief that such access,
preservation, or disclosure is reasonably necessary to:
a. comply with legal process;
b. enforce the Terms;
c. respond to claims that any Content violates the rights of third parties;
d. responds to your requests for customer services; or
e. protect the rights, property, or personal safely to CasemakerX, its users, and the public.
9. CasemakerX can not and will not be liable for any loss or damage
arising from your failure to comply with these Registration, Password
and Security provisions.
2. You understand that through your use of the Services you consent to
This explains our data practices, how we treat your personal
information, and how we protect your privacy when you use the Services.
Content in the Services
1. You understand that all information (such as data files, written
text, computer software, audio files or other sounds, photographs,
videos or other images) which you may have access to as part of, or
through your use of, the Services are the sole responsibility of the
person from which such content originated. All such information is
referred to below as the "Content.”
2. If you are the person from whom the Content originated, you
understand that CasemakerX does not claim ownership of the Content,
however, with respect to Content you submit or make available for
inclusion, you grant CasemakerX the following worldwide, royalty-free,
and non-exclusive license:
a. With respect to Content you submit or make available for inclusion on
publicly accessible areas of CasemakerX, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service shall exist only for as long as you
elect to continue to include such Content on the Service and will
terminate at the time you remove or CasemakerX removes such Content from
b. With respect to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible areas of the Service, the
license to use, distribute, reproduce, modify, adapt, publicly perform
and publicly display such Content on the Service exists only for as long
as you elect to continue to include such Content on the Service and
will terminate at the time you remove or CasemakerX removes such Content
from the Service.
c. With respect to Content other than photos, graphics, audio or video
you submit or make available for inclusion on publicly accessible areas
of the Service, the perpetual, irrevocable and fully sublicensable
license to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display such Content (in whole
or in part) and to incorporate such Content into other works in any
format or medium now known or later developed.
d. Publicly accessible" areas of the Service are those areas of the
CasemakerX network that are intended by CasemakerX to be available to
the general public.
3. You should be aware that Content presented to you as part of the
Services, including but not limited to advertisements in the Services
and sponsored Content within the Services may be protected by
intellectual property rights which are owned by the sponsors or
advertisers who provide that Content to CasemakerX (or by other persons
or companies on their behalf). You may not modify, rent, lease, loan,
sell, distribute or create derivative works based on this Content
(either in whole or in part) unless you have been specifically told that
you may do so by the owners of that Content, in a separate agreement.
4. CasemakerX reserves the right (but shall have no obligation) to
pre-screen, review, flag, filter, modify, refuse or remove any or all
Content from any Service.
5. You understand that by using the Services you may be exposed to
Content that you may find offensive, indecent or objectionable and that,
in this respect, you use the Services at your own risk.
6. You agree that you are solely responsible for (and that CasemakerX
has no responsibility to you or to any third party for) any Content that
you create, transmit or display while using the Services and for the
consequences of your actions (including any loss or damage which
CasemakerX may suffer) by doing so.
1. When you register with CasemakerX, you acknowledge that you will
likely use our services to send electronic communications, such as posts
in "groups" or "forums", or messages through the "message box".
2. You further acknowledge that, regardless of where you are physically
located at the time of a transmission, the nature of electronic
communications is such that interstate communications may occur, and
that your use of the service may result in such interstate data
3. The Message Box feature of CasemakerX allows you to access and search
your message history from any computer with access to the internet.
Whether you keep messages or not, other users may opt to save
conversations with you on their CasemakerX account. Your agreement to
these Terms constitutes your consent to allow CasemakerX to store this
communications on its servers.
1. You acknowledge and agree that CasemakerX owns all legal right, title
and interest in and to the Services, including any intellectual
property rights which subsist in the Services (whether those rights
happen to be registered or not, and wherever in the world those rights
may exist). You further acknowledge that the Services may contain
information which is designated confidential by CasemakerX and that you
shall not disclose such information without our prior written consent.
2. Unless you have agreed otherwise in writing with CasemakerX, nothing
in the Terms gives you a right to use any of our trade names, trade
marks, service marks, logos, domain names, and other distinctive brand
3. Other than the limited license set forth herein, CasemakerX
acknowledges and agrees that it obtains no right, title or interest from
you (or your licensors) under these Terms in or to any Content that you
submit, post, transmit or display on, or through, the Services,
including any intellectual property rights which subsist in that Content
(whether those rights happen to be registered or not, and wherever in
the world those rights may exist). Unless you have agreed otherwise in
writing with CasemakerX, you agree that you are responsible for
protecting and enforcing those rights and that CasemakerX has no
obligation to do so on your behalf.
4. You agree that you shall not remove, obscure, or alter any
proprietary rights notices (including copyright and trade mark notices)
which may be affixed to or contained within the Services.
5. Unless you have been expressly authorized to do so in writing by
CasemakerX, you agree that in using the Services, you will not use any
trade mark, service mark, trade name, logo of any company or
organization in a way that is likely or intended to cause confusion
about the owner or authorized user of such marks, names or logos.
Grant of License from CasemakerX
1. CasemakerX gives you a personal, worldwide, royalty-free,
non-assignable and non-exclusive license to use the object code of its
Software provided to you by us as part of the Services as provided to
you by us (referred to as the "Software" below). This license is for the
sole purpose of enabling you to use and enjoy the benefit of the
Services as provided by CasemakerX, in the manner permitted by these
2. You may not (and you may not permit anyone else to) copy, modify,
create a derivative work of, reverse engineer, decompile or otherwise
attempt to extract the source code of the Software or any part thereof,
unless this is expressly permitted or required by law, or unless you
have been specifically told that you may do so by CasemakerX, in
3. Unless CasemakerX has given you specific written permission to do so,
you may not assign (or grant a sub-licensee of) your rights to use the
Software, grant a security interest in or over your rights to use the
Software, or otherwise transfer any part of your rights to use the
Content License from You
1. You retain copyright and any other rights you already hold in Content
which you submit, post or display on or through, the Services. By
submitting, posting or displaying the content you give CasemakerX a
perpetual, irrevocable, worldwide, royalty-free, and non-exclusive
license to reproduce, adapt, modify, translate, publish, publicly
perform, publicly display and distribute any Content which you submit,
post or display on or through, the Services.
2. By submitting ideas, suggestions, documents, etc. ("Contributions") to CasemakerX, you acknowledge and agree that:
a. your Contributions do not contain confidential or proprietary information;
b. CasemakerX is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
c. CasemakerX shall be entitled to use or disclose (or choose not to use
or disclose) such Contributions for any purpose, in any way, in any
d. CasemakerX may have something similar to the Contributions already under consideration or in development;
e. your Contributions automatically become the property of CasemakerX without any obligation of CasemakerX to you; and
f. you are not entitled to any compensation or reimbursement of any kind from CasemakerX under any circumstances.
3. You confirm and warrant to CasemakerX that you have all the rights, power and authority necessary to grant the above license.
The Software which you use may automatically download and install
updates from time to time from CasemakerX. These updates are designed to
improve, enhance and further develop the Services and may take the form
of bug fixes, enhanced functions, new software modules and completely
new versions. You agree to receive such updates (and permit CasemakerX
to deliver these to you) as part of your use of the Services.
A. Usage and Storage
1. You acknowledge that CasemakerX may establish general practices and
limits concerning use of the Service, including without limitation:
a. the maximum number of days that email messages, message board
postings or other uploaded Content will be retained by the Service,
b. the maximum number of email messages that may be sent from or received by an account on the Service;
c. the maximum size of any email message that may be sent from or received by an account on the Service;
d. the maximum disk space that will be allotted on CasemakerX's servers on your behalf; and
e. the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
2. You agree that CasemakerX has no responsibility or liability for the
deletion or failure to store any messages and other communications or
other Content maintained or transmitted by the Service.
3. You acknowledge that CasemakerX reserves the right to log off accounts that are inactive for an extended period of time.
4. You further acknowledge that CasemakerX reserves the right to modify these general practices and limits from time to time.
B. Ending our relationship
1. The Terms will continue to apply until terminated by either you or CasemakerX as set out below.
2. You may terminate your legal agreement with CasemakerX by:
a. notifying us at anytime, and
b. closing your accounts for all of the Services which you use, wherever CasemakerX has made this option available to you.
3. Your notice should be sent, in writing, to: email@example.com.
4. CasemakerX may at any time terminate its legal agreement with you if:
a. you have breached any provision of the Terms (or have acted in manner
which clearly shows that you do not intend to, or are unable to comply
with the provisions of the Terms; or
b. CasemakerX is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
c. the partner with whom CasemakerX offered the Services to you has
terminated its relationship with CasemakerX or ceased to offer the
Services to you; or
d. CasemakerX is transitioning to no longer providing the Services to
users in the country in which you are resident or from which you use the
e. the provision of the Services to you by CasemakerX is, in CasemakerX's opinion, no longer commercially viable; or
f. CasemakerX experiences unexpected technical or security issues or problems; or
g. CasemakerX notices extended periods of inactivity.
h. CasemakerX believes you are no longer eligible for membership because
you are no longer registered in a state or ABA accredited law school.
5. Nothing in this Section shall affect CasemakerX's rights regarding Provision of Services under this agreement.
6. When these Terms come to an end, all of the legal rights, obligations
and liabilities that you and CasemakerX have benefited from, been
subject to (or which have accrued over time whilst the Terms have been
in force) or which are expressed to continue indefinitely, shall be
unaffected by this cessation, and the provisions of this agreement shall
continue to apply to such rights, obligations and liabilities
You agree to indemnify and hold CasemakerX and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors harmless
from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit, post,
transmit or otherwise make available through the Service, your use of
the Service, your connection to the Service, your violation of the
Terms, or your violation of any rights of another.
Disclaimer of Warranties
1. NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT CasemakerX's WARRANTY
OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY
APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR
BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION
WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW.
2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS
AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS
3. IN PARTICULAR, CasemakerX, ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT REPRESENT OR WARRANT TO
a. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
b. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
c. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
d. THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED
e. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER
DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM CasemakerX OR THROUGH OR FROM THE SERVICES SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
g. CasemakerX FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
1. SUBJECT TO OVERALL PROVISIONS IN the Disclaimer of Warranties
provisions of this agreement, YOU EXPRESSLY UNDERSTAND AND AGREE THAT
CasemakerX AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
a. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL
INCLUDE, BUT NOT BE LIMITED TO,
ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY),
ANY LOSS OF GOODWILL OR BUSINESS REPUTATION,
ANY LOSS OF DATA SUFFERED,
COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE
LOSS (EVEN IF CasemakerX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
b. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT
LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
THE USE OR THE INABILITY TO USE THE SERVICE;
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
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
c. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE
OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION
BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON
d. ANY CHANGES WHICH CasemakerX MAY MAKE TO THE SERVICES, OR FOR ANY
PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR
ANY FEATURES WITHIN THE SERVICES);
e. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND
OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR
USE OF THE SERVICES;
f. YOUR FAILURE TO PROVIDE CasemakerX WITH ACCURATE ACCOUNT INFORMATION;
g. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; OR
h. ANY OTHER MATTER RELATING TO THE SERVICE
2. THE LIMITATIONS ON CasemakerX's LIABILITY TO YOU IN PARAGRAPH 1 ABOVE
SHALL APPLY WHETHER OR NOT CasemakerX HAS BEEN ADVISED OF OR SHOULD
HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
The CasemakerX logo and trade dress and any other service marks and
other CasemakerX logos and product and service names are trademarks of
Lawriter, LLC. (the "CasemakerX Marks"). Without CasemakerX's prior
written permission, you agree not to display or use in any manner the
Copyright and Trademark Policies
1. CasemakerX respects the intellectual property of others, and we ask our users to do the same.
2. CasemakerX may, in appropriate circumstances and at its discretion,
disable and/or terminate the accounts of users who may be repeat
3. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights
have been otherwise violated, please provide CasemakerX with the
a. an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual property
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
f. a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
4. Any intellectual property infringement can be reported to CasemakerX as follows:
1467 Greenbrier Place, Suite #6
Charlottesville, VA 22901
1. Some of the Services are supported by advertising revenue and may
display advertisements and promotions. These advertisements may be
targeted to the content of information stored on the Services, queries
made through the Services or other information.
2. The manner, mode and extent of advertising by CasemakerX on the
Services are subject to change without specific notice to you.
3. In consideration for CasemakerX granting you access to and use of
the Services, you agree that CasemakerX may place such advertising on
4. Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Services, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser.
5. You agree that CasemakerX shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the
1. The Services may include hyperlinks to other sites or content or
sources. CasemakerX has no control over any web sites or resources which
are provided by companies or persons other than CasemakerX.
2. You acknowledge and agree that CasemakerX is not responsible for
the availability of any such external sites or resources, and does not
endorse and is not responsible or liable for any Content, advertising,
products or other materials on or available from such sites or sources.
3. You acknowledge and agree that CasemakerX shall not be responsible
or liable, directly or indirectly, for any damage which may be incurred
by you or loss caused or alleged to be caused by or in connection with
the availability of those external sites or resources, or in connection
with the use of or reliance on any such Content, goods or services
available through any such site or resource.
1. You agree that CasemakerX may provide you with notices, including
those regarding changes to the Terms, by email, regular mail, or
postings on the Services
2. Entire Agreement. These Terms constitute the entire agreement
between you and CasemakerX and governs your use of the Service,
superseding any prior agreements between you and CasemakerX with respect
to the Service.
3. Choice of Law and Forum. These Terms and the relationship between
you and CasemakerX shall be governed by the laws of the State of Ohio
without regard to its conflict of law provisions. You and CasemakerX
agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of Hamilton. Notwithstanding this, you agree
that CasemakerX shall still be allowed to apply for injunctive remedies
(or an equivalent type of urgent legal relief) in any jurisdiction. You
hereby consent to, and waive all defenses of lack of personal
jurisdiction and forum non conveniens with respect to venue and
jurisdiction in the state and federal courts of Ohio.
4. Waiver and Severability of Terms. The failure of CasemakerX to
exercise or enforce any right or provision of these Terms shall not
constitute a waiver of such right or provision. If any provision of the
Terms is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of the Terms remain in full force and effect.
5. No Right of Survivorship and Non-Transferability. You agree that
your CasemakerX account is non-transferable and any rights to your
CasemakerX ID or contents within your account terminate upon your death.
Upon receipt of a copy of a death certificate, your account may be
terminated and all contents therein permanently deleted.
6. Statute of Limitations. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the Terms must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
7. The section titles in these Terms are for convenience only and have no legal or contractual effect.
8. Violations: Please report any violations of these Terms to firstname.lastname@example.org