Terms of Service

Revised October 6, 2020

IMPORTANT: THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CASEREADY APPLICABLE TO YOUR PURCHASE AND/OR USE (INCLUDING FREE, “EVALUATION” AND/OR “TRIAL” USES) OF CASEREADY’S PRODUCTS AND/OR SYSTEM. BY SIGNING THE ORDER FORM YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

This Terms of Service Agreement (“Agreement”) is by and between CASEREADY, LLC, a Florida limited liability company whose principal place of business is 1001 Brickell Bay Dr. Ste 1900, Miami, FL 33131 (“CaseReady”) and the person or other entity executing this Agreement (referred to herein as “You” or “Customer”). The terms “You”, “Your”, and “Customer include you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs and assigns. This Agreement is effective as of the date You sign the Order Form (the “Effective Date”). Customer’s use of and CaseReady’s provision of CaseReady’s System (as defined below in Section 1.8) are governed by this Agreement.

EACH PARTY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS, AND THAT THE PERSON SIGNING ON ITS BEHALF HAS BEEN AUTHORIZED TO DO SO. THE PERSON SIGNING ON CUSTOMER’S BEHALF REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO BIND CUSTOMER TO THESE TERMS AND CONDITIONS.

1.   DEFINITIONS. The following capitalized terms will have the following meanings whenever used in this Agreement.

1.1.   “Aggregate Data” refers to Customer Data with the following removed: personally identifiable information and the names and addresses of Customer and any of its Users or  customers.

1.2.   “AUP” means CaseReady’s acceptable use policy, as the same is subject to change from time to time in CaseReady’s sole discretion.

1.3.   “CaseReady Programs” means the software products owned or distributed by CaseReady to which CaseReady grants you access as part of the SaaS products, including    program documentation and any program updates. SaaS products provided by CaseReady and all updates, improvements, modifications, patches, and corrections, made or provided with respect to the same.

1.4.   “Customer Data” means data in electronic form input or collected through the System by or from Customer, including without limitation by Customer’s Users.

1.5.   “Documentation” means materials and/or manuals and instructions provided by MVS which are related to use of its System and/or products, as the same may be amended,  replaced and/or supplemented from time to time.

1.6.   “Order” means an order for access to the System and/or any CaseReady product (or, in the case of a free or trial period, a request to access the System), for the stated        time period identified when the purchase was made or access was requested. CaseReady reserves the right to reject any Order at any time for any reason whatsoever.

1.7.   “Privacy Policy” means CaseReady’s privacy policy, currently posted at https://www.caseready.net/privacypolicy

1.8.   “System” means, generally, the computer servers, CaseReady Programs, and methods by which CaseReady provides SaaS products to its customers.

1.9.   “SLA” means the relevant CaseReady standard service level agreement(s) for its products and services, to the extent the same are offered and/or published. SLAs for           individual products may each be different from the others and may be modified by CaseReady from time to time.

1.10.   “Term” is defined in Section 11.1 below.

1.11.   “User” means any individual who uses the System on Customer’s behalf or through Customer’s account or passwords, whether authorized or not.

2.   THE SYSTEM.

2.1.   Use of the System. During the Term, Customer shall have the nonexclusive right to access and use the System pursuant to the terms of any outstanding Order, including such features and functions as the Order requires.

2.2.   Service Levels. CaseReady shall provide the remedies listed in the SLA for any failure of the System listed in the SLA. Such remedies are Customer’s sole remedy for any failure of the System, and Customer recognizes and agrees that if the SLA does not list a remedy for a given failure, it has no remedy. Credits issued pursuant to the SLA apply to outstanding or future invoices only and are forfeit upon termination of this Agreement. CaseReady is not required to issue refunds or to make payments against such credits under any circumstances, including without limitation after termination of this Agreement.

2.3.   Documentation: Customer may reproduce and use the Documentation solely as necessary to support Users’ use of the System.

2.4.   System Revisions. CaseReady may revise System features and functions or the SLA at any time, including without limitation by removing such features and functions or reducing service levels. If any such revision to the System materially reduces features or functionality provided pursuant to an Order, Customer may within 30 days of notice of the revision terminate such Order, without cause, or terminate this Agreement without cause if such Order is the only one outstanding.

3.   PAYMENT.

3.1.   Monthly Fees. Customer agrees to pay CaseReady the fees set forth in each Order (the “Monthly Fees”) for each Term. Payment of the Monthly Fees will entitle you to access to the CaseReady product or service ordered only for the time period identified at the time of your Order. CaseReady will not be required to refund any portion of the Monthly Fees under any circumstances whatsoever.

3.2.   Taxes. Amounts due under this Agreement are payable to CaseReady without deduction and are net of any tax, tariff, duty, or assessment imposed by any government authority (national, state, provincial, or local), including without limitation any sales, use, excise, ad valorem, property, withholding, or value added tax withheld at the source. If applicable law requires withholding or deduction of such taxes or duties, Customer shall separately pay CaseReady the withheld or deducted amount. However, the prior two sentences do not apply to taxes based on CaseReady’s net income.

4.   CUSTOMER DATA & PRIVACY.

4.1.   Use of Customer Data. Unless it receives Customer’s prior written consent, CaseReady: (a) shall not access, process, or otherwise use Customer Data other than as necessary to facilitate the System; and (b) shall not intentionally grant any third party access to Customer Data, including without limitation CaseReady’s other customers, except subcontractors that are subject to a reasonable nondisclosure agreement. Notwithstanding the foregoing, CaseReady may disclose Customer Data as required by applicable law or by proper legal or governmental authority. CaseReady shall give Customer prompt notice of any such legal or governmental demand and reasonably cooperate with Customer in any effort to seek a protective order or otherwise to contest such required disclosure, at Customer’s expense.

4.2.   Privacy Policy. The Privacy Policy does not apply to any third-party website or service linked to the System or recommended or referred to through the System or by CaseReady.

4.3.   Risk of Exposure. Customer recognizes and agrees that hosting data online involves known and unkown risks of unauthorized disclosure or exposure and that, in accessing and using the System, Customer assumes such risks. CaseReady will make reasonable efforts to keep all Customer Data from unauthorized disclosure but CaseReady does not offer any representation, warranty, or guarantee that Customer Data will not be exposed or disclosed through errors or the actions of third parties.

4.4.   Data Accuracy. CaseReady will have no responsibility or liability for the accuracy of data uploaded to the System by Customer, including without limitation Customer Data and any other data uploaded by Users.

4.5.   Data Deletion. CaseReady may permanently erase Customer Data if Customer’s account is delinquent, suspended, or terminated. CaseReady shall have no obligation to maintain any Customer Data except during the Term (as such obligation is otherwise limited in this Agreement). Customer agrees and acknowledges that CaseReady has no obligation to retain Customer’s data and that Customer’s data may be irretrievably deleted at the end of the Term.

4.6.   Excluded Data. Customer represents and warrants that Customer Data does not and will not include, and Customer has not and shall not upload or transmit to CaseReady's computers or other media, any data (“Excluded Data”) regulated pursuant to any law, rule, order or regulation of any governmental entity having jurisdiction over such data (the "Excluded Data Laws"). CUSTOMER RECOGNIZES AND AGREES THAT: (a) CASEREADY HAS NO LIABILITY FOR ANY FAILURE TO PROVIDE PROTECTIONS SET FORTH IN THE EXCLUDED DATA LAWS OR OTHERWISE TO PROTECT EXCLUDED DATA; AND (b) CASEREADY’S SYSTEMS ARE NOT INTENDED FOR MANAGEMENT OR PROTECTION OF EXCLUDED DATA AND MAY NOT PROVIDE ADEQUATE OR LEGALLY REQUIRED SECURITY FOR EXCLUDED DATA.

4.7.   Aggregate & Anonymized Data. Notwithstanding the provisions above of this Article 4, CaseReady may use, analyze, reproduce, sell, publicize, or otherwise exploit Aggregate Data in any way, in its sole discretion. Further, CaseReady may share Aggregate Data with its vendors, service providers, subcontractors and business partners as it deems necessary or desirable including but not limited for purposes of provided the System and products and services to Customer and other parties.

5.   CUSTOMER’S RESPONSIBILITIES & RESTRICTIONS.

5.1.   Acceptable Use. Customer shall comply with the AUP, as the same is subject to change from time to time. Customer shall not: (a) use the System for service bureau or time-sharing purposes or in any other way allow third parties to exploit the System; (b) provide System passwords or other log-in information to any third party; (c) share non-public System features or content with any third party; (d) access the System in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the System, or to copy any ideas, features, functions or graphics of the System; or (e) engage in web scraping or data scraping on or related to the System, including without limitation collection of information through any software that simulates human activity or any bot or web crawler. In the event that it suspects any breach of the requirements of this Section 5.1, including without limitation by Users, CaseReady may suspend Customer’s access to the System without advanced notice, in addition to such other remedies as CaseReady may have. Neither this Agreement nor the AUP requires that CaseReady take any action against Customer or any User or other third party for violating the AUP, this Section 5.1, or this Agreement, but CaseReady is free to take any such action it sees fit.

5.2.   Unauthorized Access. Customer shall take reasonable steps to prevent unauthorized access to the System, including without limitation by protecting its passwords and other log-in information. Customer shall notify CaseReady immediately of any known or suspected unauthorized use of the System or breach of its security and shall use best efforts to stop said breach.

5.3.   Compliance with Laws. In its use of the System, Customer shall comply with all applicable laws, including without limitation laws governing the protection of personally identifiable information and other laws applicable to the protection of Customer Data.

5.4.   Users & System Access. Customer is responsible and liable for: (a) Users’ use of the System, including without limitation unauthorized User conduct and any User conduct that would violate the AUP or the requirements of this Agreement applicable to Customer; and (b) any use of the System through Customer’s account, whether authorized or unauthorized.

6.   INTELLECTUAL PROPERTY (“IP) RIGHTS & CUSTOMER FEEDBACK.

6.1.   IP Rights to the System. CaseReady retains at all times all right, title, and interest in and to the System, including without limitation all software used to provide the System and all graphics, user interfaces, logos, and trademarks reproduced through the System. This Agreement does not grant Customer any intellectual property license or rights in or to the System or any of its components. Customer recognizes that the System and its components are protected by copyright and other laws and shall at all times comply with the same.

6.2.  Feedback. CaseReady has not agreed to and does not agree to treat as confidential any Feedback (as defined below) Customer or Users provide to CaseReady, and nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict CaseReady’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting Customer or the User in question. Notwithstanding the provisions of Article 7 below, Feedback will not be considered Confidential Information. (“Feedback” refers to any suggestion or idea for improving or otherwise modifying any of CaseReady’s products or services.)

 

7.   CONFIDENTIAL INFORMATION. “Confidential Information” refers to the following items CaseReady discloses to Customer: (a) any document CaseReady marks “Confidential”; (b) any information CaseReady orally designates as “Confidential” at the time of disclosure, provided CaseReady confirms such designation in writing within ten (10) business days; (c) the Documentation, whether or not marked or designated “Confidential;” and (d) any other nonpublic, sensitive information disclosed by CaseReady, whether or not marked or designated as “Confidential.” Notwithstanding the foregoing, Confidential Information does not include information that: (i) is in Customer’s possession at the time of disclosure; (ii) is independently developed by Customer without use of or reference to Confidential Information; (iii) becomes known publicly, before or after disclosure, other than as a result of Customer’s improper action or inaction; or (iv) is approved for release in writing by CaseReady. Customer is on notice that the Confidential Information may include CaseReady’s valuable trade secrets.

7.1.   Nondisclosure. Customer shall not disclose Confidential Information to any employee or contractor without CaseReady’s prior written consent. Without limiting the generality of the foregoing, Customer shall protect Confidential Information with the same degree of care it uses to protect its own confidential information of similar nature and importance, but with no less than reasonable care. Customer shall promptly notify CaseReady of any misuse or misappropriation of Confidential Information that comes to Customer’s attention. Notwithstanding the foregoing, Customer may disclose Confidential Information as required by applicable law or by proper legal or governmental authority. Customer shall give CaseReady prompt notice of any such legal or governmental demand and reasonably cooperate with CaseReady in any effort to seek a protective order or otherwise to contest such required disclosure, at CaseReady’s expense.

7.2.   Injunction. Customer agrees that breach of this Article 7 would cause CaseReady irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to any other remedy, CaseReady will be entitled to injunctive relief against such breach or threatened breach, without proving actual damage or posting a bond or other security.

7.3.   Retention of Rights. This Agreement does not transfer ownership of Confidential Information or grant a license thereto. CaseReady will retain all right, title, and interest in and to all Confidential Information.

8.   REPRESENTATIONS & WARRANTIES.

8.1.   From CaseReady. CaseReady represents and warrants that it is the owner of the System and of each and every component thereof, or the recipient of a valid license thereto, and that it has and will maintain the full power and authority to grant the rights to use the System set forth in this Agreement without the further consent of any third party. CaseReady’s representations and warranties in the preceding sentence do not apply to use of the System in combination with hardware or software not provided by CaseReady. In the event of a breach of the warranty in this Section 8.1, CaseReady, at its own expense, may take the following actions: (a) secure for Customer the right to continue using the System; (b) replace or modify the System to make it noninfringing; or (c) terminate the infringing features of the Service. In conjunction with Customer’s right to terminate this Agreement for breach where applicable, the preceding sentence states CaseReady’s sole obligation and liability, and Customer’s sole remedy, for breach of the warranty in this Section 8.1 and for potential or actual intellectual property infringement by the System.

8.2.   From Customer. Customer represents and warrants that: (a) it has the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement; (b) it has accurately identified itself and it has not provided any inaccurate information about itself to or through the System; and (c) it is a corporation, the sole proprietorship of an individual 18 years or older, or another entity authorized to do business pursuant to applicable law.

8.3.   Warranty Disclaimers. CUSTOMER ACCEPTS THE SYSTEM “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) CASEREADY HAS NO OBLIGATION TO INDEMNIFY OR DEFEND CUSTOMER OR USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY;

(b) CASEREADY DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (c) CASEREADY DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT CUSTOMER DATA WILL REMAIN PRIVATE OR SECURE.

CASEREADY DOES NOT GUARANTEE THAT THE SYTEM AND/OR PRODUCTS WILL BE PROVIDED ERROR-FREE OR UNINTERRUPTED, OR THAT CASEREADY WILL CORRECT ALL ERRORS. CUSTOMER ACKNOWLEDGES THAT CASEREADY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. CASEREADY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS WHETHER OR NOT FORESEEABLE.

 

9.   INDEMNIFICATION. Customer shall defend, indemnify, and hold harmless CaseReady and the CaseReady Associates (as defined below) against any “Indemnified Claim,” meaning any third party claim, suit, or proceeding arising out of or related to Customer's alleged or actual use of, misuse of, or failure to use the System, including without limitation: (a) claims by Users or by Customer's employees; (b) claims related to unauthorized disclosure or exposure of personally identifiable information or other private information, including Customer Data; (c) claims related to infringement or violation of a copyright, trademark, trade secret, or privacy or confidentiality right by written material, images, logos or other content uploaded to the System through Customer’s account, including without limitation by Customer Data; and

(d) claims that use of the System through Customer’s account harasses, defames, or defrauds a third party or violates the CAN-Spam Act of 2003 or any other law or restriction on electronic advertising. Indemnified Claims include, without limitation, claims arising out of or related to CaseReady’s negligence. Customer’s obligations set forth in this Article 9 include retention and payment of attorneys and payment of court costs, as well as settlement at Customer’s expense and payment of judgments. CaseReady will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subjects it to any ongoing affirmative obligations. (The “CaseReady Associates” are CaseReady’s officers, directors, shareholders, parents, subsidiaries, agents, successors, and assigns.)

10.   LIMITATION OF LIABILITY.

10.1.   Liquidated Damages. CUSTOMER SPECIFICALLY AGREES THAT THE LIMIT OF CASEREADY’S CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT AND ITS OBLIGATIONS HEREIN WILL NOT EXCEED FIFTY DOLLARS ($50).

10.2.   Excluded Damages. IN NO EVENT WILL CASEREADY BE LIABLE FOR LOST PROFITS OR LOSS OF BUSINESS OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE.

10.3.   Clarifications & Disclaimers. THE LIABILITIES LIMITED BY THIS ARTICLE 10 APPLY: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF CASEREADY IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Article 10, CaseReady’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, CaseReady’s liability limits and other rights set forth in this Article 10 apply likewise to CaseReady’s affiliates, licensors, suppliers, advertisers, agents, sponsors, directors, officers, employees, consultants, and other representatives.

11.   Term & Termination.

11.1.   Term. The term of this Agreement (the “Term”) will commence on the Effective Date and continues for the period set forth in the Order (as the same may be automatically renewed from time to time as set forth in the Order) or until this Agreement is terminated by either party.

11.2.   Effects of Termination. Upon termination of this Agreement, Customer shall cease all use of the System and delete, destroy, or return all copies of the Documentation in its possession or control. The following provisions will survive termination or expiration of this Agreement: (a) any obligation of Customer to pay fees incurred before termination; (b) Articles and Sections 6 (IP Rights & Feedback), 7 (Confidential Information), 8.3 (Warranty Disclaimers), 9 (Indemnification), and 10 (Limitation of Liability); and (c) any other provision of this Agreement that must survive to fulfill its essential purpose.

12.   MISCELLANEOUS.

12.1.   Independent Contractors. The parties are independent contractors and shall so represent themselves in all regards. Neither party is the agent of the other, and neither may make commitments on the other’s behalf.

12.2.   Notices. CaseReady may send notices pursuant to this Agreement to Customer’s email contact points provided by Customer, and such notices will be deemed received twenty-four (24) hours after they are sent. Customer may send notices pursuant to this Agreement to Info@CaseReady.net, and such notices will be deemed received twenty-four (24) hours after they are sent.

12.3.   Force Majeure. No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond the performing party’s reasonable control.

12.4.   Assignment & Successors. Customer may not assign this Agreement or any of its rights or obligations hereunder without CaseReady’s express written consent. Except to the extent forbidden in this Section 12.4, this Agreement will be binding upon and inure to the benefit of the parties’ respective successors and assigns.

12.5.   Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.

12.6.   No Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.

12.7.   Choice of Law & Jurisdiction: This Agreement and all claims arising out of or related to this Agreement will be governed solely by the internal laws of the State of Florida, including without limitation applicable federal law, without reference to: (a) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Miami- Dade County, Florida. This Section 12.7 governs all claims arising out of or related to this Agreement, including without limitation tort claims.

12.8.   Conflicts. In the event of any conflict between this Agreement and any CaseReady policy posted online, including without limitation the AUP or Privacy Policy, the terms of this Agreement will govern.

12.9.   Construction. The parties agree that the terms of this Agreement result from negotiations between them. This Agreement will not be construed in favor of or against either party by reason of authorship.

12.10.   Technology Export. Customer shall not: (a) permit any third party to access or use the System in violation of any U.S. law or regulation; or (b) export any software provided by CaseReady or otherwise remove it from the United States except in compliance with all applicable U.S. laws and regulations. Without limiting the generality of the foregoing, Customer shall not permit any third party to access or use the System in, or export such software to, a country subject to a United States embargo (as of the Effective Date, Cuba, Iran, North Korea, Sudan, and Syria). Customer agrees that no data, information, software programs and/or materials resulting from Customer’s use of the System (or direct product thereof) will be exported, directly or indirectly, in violation of these laws.

12.11.   Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.

12.12.   Amendment. CaseReady may amend this Agreement from time to time by posting an amended version at its website at which access to the System may be ordered. As a condition to this Agreement, Customer agrees to periodically check the posted version of this Agreement. Customer agrees that its continued use of the System after the date this Agreement has been amended will constitute Customer’s consent and acceptance of the Agreement as amended. This Agreement may not be amended in any other way except through a written agreement by authorized representatives of each party. Notwithstanding the foregoing provisions of this Section 12.12, CaseReady may revise its Privacy Policy and Acceptable Use Policy at any time by posting a new version of either at CaseReady’s website, and such new version will become effective on the date it is posted

THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CASEREADY APPLICABLE TO YOUR PURCHASE AND/OR USE (INCLUDING FREE, “EVALUATION” AND/OR “TRIAL” USES) OF CASEREADY’S PRODUCTS AND/OR THE SYSTEM. BY SIGNING THE ORDER FORM CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

 

 Date Posted: July 2, 2020

                                    ACCEPTABLE USE POLICY

A.   Unacceptable Use

Vendor requires that all customers and other users of Vendor’s cloud-based service (the “Service”) conduct themselves with respect for others. In particular, observe the following rules in your use of the Service:

1)   Abusive Behavior: Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact. Do not  use ethnic or religious slurs against any person or group.

2)   Privacy: Do not violate the privacy rights of any person. Do not collect or disclose any personal address, social security number, or other personally identifiable information without each holder’s written permission. Do not cooperate in or facilitate identity theft.

3)   Intellectual Property: Do not infringe upon the copyrights, trademarks, trade secrets, or other intellectual property rights of any person or entity. Do not reproduce,publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder.

4)   Hacking, Viruses, & Network Attacks: Do not access any computer or communications system without authorization, including the computers used to provide the Service. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website. Do not attempt to access or otherwise interfere with the accounts of other users of the Service.

5)   Spam: Do not send bulk unsolicited e-mails (“Spam”) or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way. Do not violate the CAN-Spam Act of 2003.

6)   Fraud: Do not issue fraudulent offers to sell or buy products, services, or investments. Do not mislead anyone about the details or nature of a commercial transaction. Do not commit fraud in any other way.

7)   Violations of Law: Do not violate any law.

B.   Consequences of Violation

Violation of this Acceptable Use Policy (this “AUP”) may lead to suspension or termination of the user’s account or legal action. In addition, the user may be required to pay for the costs of investigation and remedial action related to AUP violations. Vendor reserves the right to take any other remedial action it sees fit.

C.   Reporting Unacceptable Use

Vendor requests that anyone with information about a violation of this AUP report it via e-mail to the following address: info@CaseReady.net. Please provide the date and time (with time zone) of the violation and any identifying information regarding the violator, including e-mail or IP (Internet Protocol) address if available, as well as details of the violation.

D.   Revision of AUP

The vendor may change this AUP at any time by posting a new ­version on this page and sending the user written notice thereof. The new version will become effective on the   date of such notice.