Terms and Conditions
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
By accessing and using the web pages of Case Commons located at
www.casecommons.org (the “Case Commons Website”) or any part thereof, you
acknowledge, accept and agree to be bound by these terms and conditions, as well
as our Privacy Policy incorporated herein by reference (the “Agreement”). If
you do not agree to the terms and conditions of this Agreement, you are not
authorized to access and use the Case Commons Website and you should exit
immediately. 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”).
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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;
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•
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
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•
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.
Violations of these Terms of Use
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 Case Commons Website may contain links to, or imbed content from, third
party websites. Should you leave the Case Commons Website via a link
contained thereon, or view third party content imbedded on the Case Commons
Website, the content you view and services you are provided are not provided or
controlled by Case Commons. Case Commons is not responsible for that content
or services, nor has it developed, checked the accuracy or otherwise reviewed the
content, services or privacy policy relating to any such third party website or third
party imbedded content. Case Commons shall have no liability arising from
access to, or the information provided on, or services provided by, any website
which is linked from the Case Commons Website, or any hyperlink contained in a
linked website, or any third party imbedded content. The fact that the Case
Commons Website contains a link to a third party website or imbeds third party
content does not imply that there is any affiliation between Case Commons and
the third party website or the provider of the third party imbedded content, nor
that Case Commons endorses the third party website or third party imbedded
content. Your use of links to any such website and use of any such third party
imbedded content is entirely at your own risk and responsibility. You forever
hold Case Commons harmless from any and all claims, obligations and/or liability
arising in connection with the use of any such links or content.
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Your use of a third party website, or third party content imbedded on the Case
Commons website, may also be subject to other terms and conditions and privacy
policies over which Case Commons has no control. For example, various areas of
the Case Commons Website use the Google Maps service to display geographical
data, and your use of such service is governed by Google’s applicable terms,
conditions and policies.
You may have linked to the Case Commons Website from a third party website.
Case Commons is not responsible for the privacy policy or other practices
followed by the operators of any third party website from which you have linked
to the Case Commons Website. If a third party website links to the Case
Commons Website, this does not imply affiliation with Case Commons, or that
Case Commons endorses the third party website.
Disclaimer
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
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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.
Indemnification
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
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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.
Miscellaneous
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.
Feedback
If you have any questions or comments about the Case Commons Website or
would like to contact Case Commons, please email
casecommons@casecommons.org.
Copyright © Case Commons, Inc., 2013
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