2. Agreement to Pay. You agree to pay all applicable fees and charges associated with using the Web Site and the Content, as well as any ancillary products and services made available to you by Case Anywhere, in accordance with the pricing schedule and terms of payment established by Case Anywhere.
4. No Legal Advice. The Web Site and the Content are not intended to and do not constitute legal advice and no attorney-client relationship is formed by your use of the service. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of Content on this Web Site or third party Web sites and materials linked from this Web Site is at your own risk.
6. License of Your Content to Case Anywhere. By uploading content to or submitting any materials for use on this Web Site, you grant (or warrant that the owner of such rights has expressly granted) Case Anywhere a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with right to sublicense, to use, reproduce, distribute, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe; provided that Case Anywhere may only exercise the forgoing right and license (a) in connection with its operation and maintenance of this Web Site and/or the provision of related goods and services to authorized users and/or their designees and/or (b) to comply with or satisfy applicable court rules or procedures. You agree that you shall have no recourse against Case Anywhere for any alleged or actual infringement or misappropriation of any proprietary right with respect to your communication with Case Anywhere.
7. No Solicitation. You shall not distribute on or through this Web Site any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of the Case Anywhere. In no event may any person or entity solicit anyone with data retrieved from this Web Site.
8. Advertisers. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Case Anywhere will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
9. Registration. Certain sections of this Web Site require you to log in through a username and password. In obtaining your username and password, you agree to provide Case Anywhere with accurate and complete registration information. It is your responsibility to inform Case Anywhere of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise. Case Anywhere does not permit anyone other than you to use your username and password. Access through a single username and password combination being made available to multiple users on a network or otherwise is prohibited.
10. Postings in Interactive Areas of the Web Site.
10.1. Postings to be Lawful. If you participate in interactive areas on this Web Site, you shall not post, publish, upload or distribute any messages, data, information, text, graphics, links or other material (‘Postings’) which are unlawful or abusive in any way, including but not limited to any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law. Case Anywhere may delete your Posting at any time for any reason without permission from you.
10.2. Postings to be in Your Name. Your Postings shall be accompanied by your real name and shall not be posted anonymously. Participants in interactive areas shall not misrepresent their identity or their affiliation with any person or entity.
10.4. Non-Commercial Use only of Interactive Areas. Any interactive area of this Web Site is provided solely for your personal use. As a participant, you shall not include in your Posting(s) or otherwise distribute on or through this Web Site any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organization without the express written permission of the Case Anywhere. Any unauthorized use of any interactive area of this Web Site, its Content or Postings is expressly prohibited.
11. Errors and Corrections. Case Anywhere does not represent or warrant that this Web Site or the Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Case Anywhere does not warrant or represent that the Content available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. Case Anywhere may make improvements and/or changes to its features, functionality or Content at any time.
12. Email Notifications. Email notifications may be sent to you in connection with Case Anywhere’s provision of case management services for a particular proceeding. Case Anywhere does not represent or warrant that these email notifications will always be received by you. Case Anywhere strongly recommends that you access the Web Site on a daily basis to review recent Postings and Content for each of your proceedings being managed by Case Anywhere. It is your responsibility to provide Case Anywhere with your correct email address.
13. Third Party Content. Third party content may appear on this Web Site or may be accessible via links from this Web Site. Case Anywhere shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Case Anywhere.
14. Access to Web Site. Case Anywhere only provides access to this Web Site to view content and materials that have been uploaded or submitted for use in connection with a particular proceeding to users that are authorized for such proceeding.
15. DISCLAIMER. THIS WEB SITE AND THE CONTENT ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS. CASE ANYWHERE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CASE ANYWHERE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT IMITATION, LOSS, INJURY, CLAIMS, LIABILITY AND DAMAGE RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEB SITE, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE OR THE CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE OR THE CONTENT.
18. Third Party Rights. The provisions of paragraphs 15 (Disclaimer), 16 (Limitation of Liability), and 17 (Indemnification) are for the benefit of Case Anywhere and its shareholders, officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
21. Additional Terms.
21.2. Additional Terms for Case Anywhere Services. Your use of Case Anywhere’s services is also governed by the terms of any order, including any Case Management Order, or other agreement pursuant to which Case Anywhere’s services are provided for a particular proceeding (collectively, ‘Case Anywhere’s Service Terms’), all of which are incorporated by reference herein. Your completion of Case Anywhere’s registration process constitutes your acceptance of Case Anywhere’s Service Terms. If you do not agree with any of Case Anywhere’s Service Terms, you are not permitted to access the Web Site and Content contained therein.
21.7. Waiver. No waiver of any provision of this Agreement, or of any of your or Case Anywhere’s rights or obligations, will be effective, except pursuant to a signed written instrument, and any such waiver will be effective only in the specific instance and for the specific purpose stated in such instrument.
21.8. Survival. The provisions of Sections 4, 5, 6, 8, 11, 13 and 15 through 20 shall survive any expiration or termination of this Agreement.