PLEASE NOTE THAT THE FOLLOWING “TERMS AND CONDITIONS” WERE UPDATED ON NOVEMBER 1, 2013. PRIOR TO USING THIS WEBSITE, WE ADVISE YOU TO CAREFULLY REVIEW ALL OF THE SECTIONS THAT APPEAR BELOW.
Terms and Conditions Regarding Your Use of The Case Commons Website
You also acknowledge and agree that Case Commons may modify this Agreement at any time, in its sole discretion and that all modifications to this Agreement will be effective immediately upon Case Commons’s posting of the modifications on the Case Commons Website and your acceptance of such modifications. You agree to review this Agreement each time you access the Case Commons Website so that you are aware of any and all modifications made to this Agreement since your last visit and you agree that your use of the Case Commons Website after the date on which such modifications are posted to the Case Commons Website will constitute your acceptance of such modifications.
You acknowledge and agree that Case Commons has the right to suspend or terminate the operation of the Case Commons Website at any time for any reason, without any obligation to provide prior notice of such suspension or termination. For the purposes of this Agreement, “Case Commons” shall mean Case Commons, Inc., and all of its affiliates and their officers, directors, employees and agents.
Content and Intellectual Property Rights
The Case Commons Website, including but not limited to all of the text, content, designs, photographs, images, video, audio, user interfaces, visual interfaces, graphics, material, information any software programs, tools, applications and computer code contained on the Case Commons Website, as well as the selection and arrangement of the aforementioned and the “look and feel” of the Case Commons Website (collectively, the “Content”) is owned, controlled or licensed by Case Commons and is protected by intellectual property laws, including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, unfair competition laws, international treaties and conventions and other proprietary rights and laws of the United States and other countries (“IP Laws”).
In using or accessing the Case Commons Website, you acknowledge and agree to abide by all applicable IP Laws and other laws, as well as any additional notices or restrictions contained on the Case Commons Website. Unauthorized use of the Case Commons Website and the Content and any other materials contained on or available through the Case Commons Website or any linked websites may violate applicable IP Laws or other laws. You may not use the Case Commons Website or any Content except as expressly provided in this Agreement. Nothing contained in this Agreement or on the Case Commons Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Content, intellectual property or proprietary material contained on the Case Commons Website without the prior express written permission of Case Commons or such other party that may own the intellectual property or proprietary rights therein and any rights not expressly granted herein are reserved to Case Commons or its third party providers, as applicable.
Except as expressly provided in this Agreement, no part of the Case Commons Website or any Content may be copied, reproduced, sold, licensed, rented published, downloaded, uploaded, posted, publicly displayed, edited, adapted, compiled, encoded, translated, transmitted or distributed in any way to any other computer, server, website, or other medium for publication or distribution for any commercial purpose, without the prior written consent of Case Commons. You may use the information and content purposely made available by Case Commons for downloading from the Case Commons Website, and may print such information and content for your own personal and non-commercial use, provided that in each case you (i) do not remove any copyright, trademark or other intellectual property or proprietary notice language in any copies of such information and content, (ii) use such information and content only for your personal, non-commercial informational purposes and do not copy or post such information or content on any networked computer or broadcast it in any media, (iii) make no modifications to any such information and content, (iv) accompany such information and content with an acknowledgement of Case Commons as the source, citing the uniform resource locator (URL) of such information and content, and (iv) do not make any representations or warranties relating to such information and content.
Restrictions on Use
You acknowledge and agree that, as a condition of your use of the Case Commons Website:
- You will not use the Case Commons Website for any purpose that is unlawful or prohibited by this Agreement;
- You will not use the Case Commons Website to solicit the performance of any illegal activity or other activity which infringes, misappropriates or otherwise violates the rights of Case Commons or others;
- You will not use the Case Commons Website in any manner that could damage, disable, overburden or impair any server, or the network(s) connected to any server, or interfere with any other party’s use and enjoyment of the Case Commons Website;
- You will not attempt to gain unauthorized access to the Case Commons Website or any services, other accounts, computer systems or networks connected to any server or to any of the services, through hacking, password mining or any other means;
- You will not obtain or attempt to obtain any materials or information not intentionally made available to you through the Case Commons Website;
- You will not decompile, reverse-engineer or disassemble any software or other products or processes available through the Case Commons Website and you will not insert any code or product to manipulate the Content in any way that affects any user’s experience.
- You will not, in any circumstance, use any Content from the Case Commons Website to create a service that may compete with any service provided by, or activities of, Case Commons;
- You will not frame the Case Commons Website, Content or any portion thereof without the prior written consent of Case Commons; • You will not use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any similar manual process, to access, acquire, catalog, store, reproduce, distribute or monitor any portion of the Case Commons Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Case Commons Website or the Content;
- You will not take any action to interfere with, or disrupt this Case Commons Website, circumvent security measures or attempt to exceed the limited authorization and access granted to you under this Agreement; • You will not remove any copyright, trademark or other intellectual property right notices contained in the Content; and
- Case Commons has the right, in its sole discretion, to monitor any and all use of the Case Commons Website.
Unauthorized access to the Case Commons Website is a breach of this Agreement and a violation of law. You agree not to access the Case Commons Website by any means other than through the interfaces that we provide to you for accessing the Case Commons Website.
Case Commons reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to terminate your access to the Case Commons Website and/or block your future access to the Case Commons Website.
You acknowledge and agree that money damages are not an adequate remedy for any violation of this Agreement and that Case Commons may, in its sole discretion, apply to the court set forth below under “Governing Law and Jurisdiction” for specific performance, or injunctive, or such other relief as such court may deem just and proper, in order to enforce this Agreement or prevent any violation hereof, and to the extent permitted by applicable law, you waive the posting of bond and any objection to the imposition of such relief.
Linking from and to the Case Commons Website
THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CASE COMMONS DOES NOT WARRANT THAT ANY FUNCTIONS CONTAINED IN THE CASE COMMONS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CASE COMMONS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CASE COMMONS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE CONTENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, STABILITY, READINESS OR OTHERWISE. THE CASE COMMONS WEBSITE IS ACCESSED AT YOUR OWN RISK AND DISCRETION AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM. CASE COMMONS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE CASE COMMONS WEBSITE AND/OR CONTENT. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE CASE COMMONS WEBSITE, THE CONTENT AND ANY THIRD PARTY SITES LINKED TO THE CASE COMMONS WEBSITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CASE COMMONS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES (EVEN IF CASE COMMONS HAS BEEN ADVISED OF THE 6 (NY) 98637/146/IP13/Website.Terms.of.Use.doc 06/14/12 1:51 PM POSSIBILITY OF SUCH DAMAGES). CASE COMMONS SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY (I) CONTINGENCIES BEYOND ITS CONTROL, (II) ANY NEGLIGENCE, INCLUDING ANY GROSS NEGLIGENCE, IN PROCURING, PROVIDING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, TRANSMITTING OR DELIVERING THE CASE COMMONS WEBSITE OR ANY CONTENT, (III) ANY CLAIM ARISING OUT OF OR RELATING TO THE CASE COMMONS WEBSITE OR ANY CONTENT, (IV) ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS IN THE DELIVERY OR TRANSMISSION OF CONTENT, DATA AND SERVICES AVAILABLE ON THE CASE COMMONS WEBSITE OR ANY WEBSITE OF A THIRD PARTY PROVIDER, OR (V) ANY OTHER ASPECT OF THE CASE COMMONS WEBSITE OR ANY WEBSITE OF A THIRD PARTY PROVIDER. CASE COMMONS DOES NOT CONTROL THE CONTENT PROVIDED BY THIRD PARTY PROVIDERS AND DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT. YOU UNDERSTAND THAT BY USING THE CASE COMMONS WEBSITE YOU MAY BE EXPOSED TO CONTENT PROVIDED BY THIRD PARTY PROVIDERS THAT IS OFFENSIVE, INDECENT AND/OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL CASE COMMONS BE LIABLE IN ANY WAY FOR ANY CONTENT PROVIDED BY ANY THIRD PARTY PROVIDERS, INCLUDING ANY ERRORS OR OMISSIONS IN ANY SUCH CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY SUCH CONTENT.
You hereby indemnify and hold harmless Case Commons from and against any and all claims, damages (including direct, indirect, incidental, consequential, or special damages of any kind), losses, costs (including attorneys’ fees and court costs) and other expenses that arise directly or indirectly out of or from your use of the Case Commons Website in violation of this Agreement. Disclosure of Your Information You agree that in the event Case Commons receives a subpoena issued by a court or from a law enforcement or government agency, it shall comply with such subpoena without your consent or prior notice to you and may disclose your IP address, username, password, name, IP location and other information in response thereto. Governing Law and Jurisdiction You agree that this Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to the conflicts of laws provision thereof. You agree that any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement shall be brought in the United States District Court for the Southern District of New York or any New York State court sitting in New York City (so long as one of such courts shall have subject matter jurisdiction over such suit, action or proceeding), and you agree that any cause of action arising out of this Agreement shall be deemed to have arisen from a transaction of business in the State of New York, and you hereby irrevocably consent to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.
If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect. This Agreement constitutes the entire agreement between you and Case Commons with respect to the subject matter hereof and thereof and supersedes all prior agreements and understandings, both oral and written, between you and Case Commons with respect to the subject matter hereof and thereof. No failure or delay by Case Commons in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
If you have any questions or comments about the Case Commons Website or would like to contact Case Commons, please email firstname.lastname@example.org