Case X Portal Terms of Service
Effective: July 11, 2025
NOTICE OF BINDING ARBITRATION; JURY AND CLASS ACTION WAIVERS
BELOW INCLUDES A BINDING ARBITRATION AGREEMENT AND JURY AND CLASS ACTION WAIVERS, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH CASE X.
1. General; Acceptance of These Terms of Service; Additional Terms.
A. These Portal Terms of Service (these “Terms”) and our Portal Privacy Policy (together, with these Terms, this “Agreement”) form a legally binding agreement between Case-X LLC (“Case X”, “we”, “us” or “our”) and the individual or entity (“you”).
B. This Agreement applies to the access and use of (i) the digital or online services, the Healthcare End User Services (defined below), or Law Firm End User Services (defined below) (collectively, “Services”); and (ii) websites (including https://www.mycasex.com, or such other URLs or web addresses as may be made available by Case X from time to time) made available by Case X, including but not limited to all associated protocols (e.g., https and https), subdomains and paths associated with the relevant domains as well as certain promotional sites, landing pages or other websites that make reference to this Agreement (collectively, “Sites”). Without limiting anything herein, any reference to our Services shall include our Sites.
C. Services may be subject to additional terms and conditions (“Additional Terms”), which are incorporated into this Agreement by this reference. To the extent any provision of any Additional Terms conflict with any provision of these Terms, such Additional Terms shall control, but only for the purposes of the specific Service(s) to which they pertain. For the avoidance of doubt, our website general terms of use and website general privacy policy does not constitute Additional Terms and shall not either control or supplement this Agreement or any Additional Terms.
D. Users are required to comply with all operating rules, policies and procedures that may be published from time to time or otherwise transmitted by Case X, each of which is incorporated by reference and each of which may be updated from time to time.
E. BY ACCESSING OR USING OUR SERVICES AND/OR SITES OR CLICKING “ACCEPT” WHEN SUCH OPTION IS MADE AVAILABLE TO YOU, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, INCLUDING ANY APPLICABLE ADDITIONAL TERMS, AND AGREE TO BE BOUND BY THEM.
F. IF YOU DO NOT AGREE TO THIS AGREEMENT AND ANY APPLICABLE ADDITIONAL TERMS THAT MAY APPLY, YOU MUST NOT ACCESS OR USE OUR SERVICES OR SITES.
2. Changes to these Terms.
A. We may revise and update these Terms from, time to time, in our sole discretion. To the extent permitted by law, all changes are effective immediately when we post them and apply to all access to and use of our Services and Sites thereafter; provided, however, that any changes to the dispute resolution provisions set out in this Agreement will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on our Sites.
B. Your continued use of our Services and Sites following the posting of revised Terms means that you accept and agree to the changes. To the extent required by law, we may require your consent to such changes. Nevertheless, you are expected to check these Terms each time you access or use our Services or Sites so you are aware of any changes, as they are binding on you.
C. In certain cases, we may also provide email notification of the revised Terms, subject to the terms of our Portal Privacy Policy.
D. You are responsible for ensuring we have an up-to-date active and deliverable email address for you. If you have any questions about these Terms, please contact us.
3. Description of Services.
A. Our Services consist of the following:
i. With respect to attorneys and law firms (each, a “Law Firm End User”), (a) use of our Sites to receive, review, and coordinate information relating to Law Firm End User clients (each a “Case Subject(s)”); and (b) information transmission services that allow Law Firm End Users to access Case Subjects’ personal health information and medical records for purposes of the Case Subjects’ litigation ((i) and (ii) are collectively referred to as the “Law Firm End User Services”); and
ii. With respect to healthcare providers (each, a “Healthcare End User”) (a) information transmission services that allow Healthcare End Users to share Case Subjects’ health information with Law Firm End Users for purposes of the Case Subjects’ litigation (“Information Transmission Services”); and (b) services to coordinate and schedule Case Subjects’ appointments with Healthcare End Users (“Appointment Coordination Services”). Information Transmission Services and Appointment Coordination Services are collectively referred to as the “Healthcare End User Services.”
iii. Law Firm End Users and Healthcare End Users are collectively referred to as “Users.”
4. Description of Content.
A. For purposes of this Agreement, the following terms have the following definitions:
i. “Content” means all works of authorship, including, without limitation, information, data, text, photographs, videos, audio clips, music, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through our Services. For the purposes of this Agreement, “Content” also includes all User Content;
ii. “User Content” is all Content added, created, uploaded, submitted, distributed, or posted to our Services by Users. Without limiting anything herein, User Content, includes any “comments” you submit to or through our Services; feedback, suggestions, ideas, and other submissions you disclose to Case X; the contents of email communications to or with Case X or any of its personnel or representatives, including by email, fax, physical mail or telephone calls; and AI Improvements (defined below); and
iii. “Case Content” is User Content which pertains to specific individual Case Subjects involved in disputes (each a “Case”) managed by applicable Law Firm End Users. Case Content may include personal information pertaining to Case Subjects.
B. All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content.
C. You expressly represent and warrant:
i. that all User Content provided by you is accurate, complete, and up-to-date;
ii. that all User Content provided by you is in compliance with all applicable laws, rules and regulations and does not violate or infringe on any third party’s rights, including but not limited to privacy rights, rights of publicity, copyright, trademark, trade secret, patent and/or any other intellectual propriety, industrial or other proprietary rights;
iii. that you own or have obtained from third parties the necessary licenses, rights, consents, and/or permissions to grant the permissions and licenses set forth herein, including as provided in Section 18.B.vi and Section 15 below; and
iv. that all User Content submitted by you complies with the Rules of Conduct set forth in Section 17 below.
D. Our Services may contain Content, including but not limited to graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement our Services, specifically provided by us, our licensors, partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through our Services. No portion of our Services may be reproduced in any form or by any means, except as expressly permitted hereunder.
E. EXCEPT AS EXPRESSLY SET FORTH HEREIN, YOU ACKNOWLEDGE THAT YOUR USE OF ANY CONTENT, INCLUDING BUT NOT LIMITED TO USER CONTENT, ACCESSED BY YOU WHILE USING OUR SERVICES IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOU OR ANY OTHER PARTY RESULTING THEREFROM. WE DO NOT GUARANTEE THAT ANY CONTENT YOU ACCESS ON OR THROUGH OUR SERVICES IS OR WILL CONTINUE TO BE ACCURATE.
5. Availability of Content.
A. As a condition of use, you acknowledge that Case X does not have any obligation to review or otherwise pre-screen User Content. We do not guarantee that any Content will be made available on our Services.
B. We reserve the right to, but do not have any obligation, to
i. pre-screen, refuse and/or remove any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this Agreement), or for no reason at all;
ii. to remove or block any Content from our Services; and
iii. restrict or prohibit your use of Services if we believe you are violating any of the terms of this Agreement or Additional Terms and to remove, edit, or relocate any User Content as we see fit, whether for legal or other reasons.
6. Privacy; Personal Information; Compliance.
A. You expressly acknowledge and agree that you have reviewed, and consent to, use of personal information as set forth in this Agreement, including our Portal Privacy Policy.
B. Depending on the delivery of our Services, we may be considered a business associate and may be required to enter into business associate agreements (“BAAs). BAAs are required by the Health Information Portability and Accountability Act of 1996 (“HIPAA”), and the Health Information Technology for Economic and Clinical Health Act of 2009 (“HITECH”), as well as the enacting rules and guidelines of the U.S. Department of Health and Human Services (“HHS”), including the Office for Civil Rights (“OCR”) and other competent regulatory bodies (the foregoing together as the “HIPAA Rules”).
C. Personal information that is “Protected Health Information” or “PHI” as defined by the HIPAA Rules must and will be governed by the applicable BAAs and HIPAA Rules.
D. Healthcare End Users are required to obtain Case Subjects’ authorization to disclose their PHI to Law Firm End Users via a signed HIPAA-compliant authorization (the “HIPAA Authorization”). Accordingly, Healthcare End Users must obtain a Case Subjects’ signed HIPAA Authorization prior to uploading Case Subjects’ PHI to any Sites.
E. Please note that individual BAAs may vary in form. For more information about the requirements of HIPAA Authorizations and BAAs, please visit our Portal Privacy Policy.
7. DISCLAIMER: NO LEGAL ADVICE OR LEGAL SERVICES; NO MEDICAL ADVICE OR MEDICAL SERVICES
A. Case X is not providing legal advice or legal services by allowing you to access and use our Services, our Sites and its interactive features, templates, and data. Your decisions made in reliance on our Services and Sites—including its interactive features, templates, and your use of its interactive features, templates, and data—are your own, for which you have full and sole responsibility.
B. CASE X IS NOT A LAW FIRM AND DOES NOT PERFORM SERVICES PERFORMED BY AN ATTORNEY. AT NO TIME IS AN ATTORNEY-CLIENT RELATIONSHIP FOSTERED OR CREATED WITH CASE X THROUGH THE PERFORMANCE OF ANY SUCH SERVICES.
C. FOR THE AVOIDANCE OF DOUBT, WE DO NOT
i. REVIEW ANY DOCUMENTS IN CONNECTION WITH OUR SERVICES FOR LEGAL SUFFICIENCY;
ii. MAKE OR COMMUNICATE LEGAL CONCLUSIONS;
iii. PROVIDE LEGAL ADVICE, OPINIONS OR RECOMMENDATIONS ABOUT YOUR OR YOUR CLIENTS’ LEGAL RIGHTS, REMEDIES, DEFENSES, OPTIONS, SELECTION OF FORMS OR STRATEGIES; OR
iv. APPLY THE LAW TO THE FACTS OF YOUR PARTICULAR SITUATION.
D. CASE X AND ITS SERVICES ARE NOT A SUBSTITUTE FOR THE ADVICE OR SERVICES OF AN ATTORNEY. FURTHERMORE, THE INFORMATION CONTAINED ON OUR SITE AND OBTAINED THROUGH OUR SERVICES IS NOT LEGAL ADVICE AND IS NOT GUARANTEED TO BE CORRECT, COMPLETE, OR UP TO DATE. THEREFORE, IF YOU REQUIRE LEGAL ADVICE, YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR AREA.
E. YOU ACKNOWLEDGE THAT CASE X IS NOT A REGISTERED OR BONDED LEGAL DOCUMENT ASSISTANT UNDER CALIFORNIA BUSINESS AND PROFESSION CODE, SECTIONS 6400 ET SEQ.
F. CASE X DOES NOT PRACTICE MEDICINE OR ANY OTHER LICENSED HEALTHCARE PROFESSION. CASE X AND ITS PERSONNEL DO NOT – AND IN NO EVENT SHALL THEY BE CONSTRUED TO – DIAGNOSE, TREAT, OPERATE OR PRESCRIBE FOR ANY HUMAN DISEASE, PAIN, INJURY, DEFORMITY OR PHYSICAL OR MENTAL CONDITION. CASE X IS IN NO WAY RESPONSIBLE FOR THE SERVICES A CASE SUBJECT MAY OR MAY NOT RECEIVE FROM A HEALTHCARE END USER. CASE X IS IN NO WAY RESPONSIBLE FOR ANY DIAGNOSIS, PRESCRIPTION, COURSE OF TREATMENT OR SURGERY ADMINISTERED BY ANY HEALTHCARE END USER.
G. CASE-X IS NOT HEALTHCARE REFERRAL SERVICE. THE SERVICES ARE NOT INTENDED TO AND DO NOT PROVIDE REFERRALS FOR HEALTHCARE SERVICES OFFERED, PERFORMED, OR OTHERWISE RENDERED BY, IN WHOLE OR IN PART, BY A HEALTHCARE END USER.
8. DISCLAIMER: HEALTHCARE, ELECTRONIC HEALTH RECORDS, AND ELECTRONIC MEDICAL RECORDS.
A. OUR SERVICES, INCLUDING INFORMATION TRANSMISSIONSERVICES, ARE NOT ELECTRONIC HEALTH RECORDS (EHR) OR ELECTRONIC MEDICAL RECORDS (EMR) AND SHOULD NOT BE USED, AND ARE NOT INTENDED TO BE USED, AS EMR OR EHRS.
9. Business to Business.
A. We offer our Services and Sites only to law firms, attorneys, healthcare organizations, healthcare providers, and their authorized users for the purposes outlined in this Agreement and with written consents required under applicable federal and state laws and regulations and privacy rules and policies. Our Services and Sites are not intended for use by consumers or for public consumption.
B. When you provide contact information to Case X, we request that it be business contact information. If you provide personal information instead, this does not make this a consumer transaction.
C. While we use reasonable measures to secure any personal information disclosed to us, privacy rights associated with a consumer transaction, as a general matter, do not apply to our Services and Sites.
10. Eligibility; Minimum Age.
A. We may, in our sole discretion, refuse to offer our Services to any person or entity and change the eligibility criteria of our Services at any time.
B. You are solely responsible for ensuring that your use of our Services complies with all laws, rules and regulations applicable to you. You may not access our Services where Agreement or use of our Services is prohibited, or to the extent the offering, sale or provision of our Services conflicts with any applicable law, rule or regulation. Further, our Services are offered only for your use, and not for the use or benefit of any third party.
C. Our Services and Sites may not be accessed or used by any individuals who are not at least 18 years of age (the “Minimum Age”). Case X does not knowingly collect, process, disclose, sell, or share personal information belonging to individuals under the Minimum Age, except with the consent of their parent or legal guardian. Individuals under the Minimum Age are strictly prohibited from the following:
i. using our Services or Sites;
ii. registering for an account with our Sites; or
iii. providing any information about themselves to us.
D. OUR SERVICES ARE INTENDED FOR THE EXCLUSIVE USE OF ADULTS OVER THE MINIMUM AGE. IF YOU ARE NOT AT LEAST THE MINIMUM AGE, YOU MUST NOT USE OR ACCESS OUR SERVICES OR SITES. BY USING OUR SERVICES OR SITES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST THE MINIMUM AGE, THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH CASE X, AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE OUR SERVICES OR SITES.
11. Geographic Restrictions.
A. Case X, including its digital infrastructure, is located in the United States of America. Information, including User Content and Case Content, is processed at Case X’s operating offices and in any other places where the parties involved in the processing are located. Your information will be collected on our servers in the United States, and processed by our service providers, contractors, or third parties where they are located. This means that this information may be transferred to—and maintained on—computers located outside of your territory where the data protection laws may differ than those from your territory.
B. By accessing or using our Services, or otherwise providing information to use, you understand and agree that
i. you consent to the collection, processing, transfer, and storage of information about you in and to the United States and other applicable territories in which laws may not be as comprehensive as or equivalent to the law in your country of residence;
ii. we make no claims that our Services, Sites, or any of its content is accessible or appropriate outside of the United States;
iii. access to our Services or Sites may not be legal by certain persons or in certain countries; and
iv. if you access our Services or Sites from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable laws.
12. Accessibility.
A. Access to any website can be challenging for persons that have certain disabilities. A person’s disability is often unique. What may work well for one person, may cause difficulties for another person. We have made efforts to accommodate access to our Services and Sites given our size, resources, and knowledge of our Services’ and Sites’ visitors and their needs.
B. To the extent you experience difficulty accessing our Services or Sites, please contact us.
13. Access to Services; Accounts.
A. This Agreement grants you a limited, non-exclusive right to access and use our Services, including Content made available through our Services, as subject to all applicable provisions hereof (collectively, “Access Right”).
B. Access to our Services is permitted on a temporary basis. Case X reserves the right to withdraw or amend our Services, and any service or material we provide on our Sites, in our sole discretion, without notice. We will not be liable if, for any reason all or any part of, our Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Services or Site, to Users. You acknowledge that Case X reserves the right to refuse service to anyone and to cancel user access at any time.
C. When you create an account with us, you must provide information to us that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account.
D. You hereby acknowledge and agree that you are responsible for
i. making all arrangements necessary for you to have access to our Services; and
ii. safeguarding the password that you use to access our Services, and for any activities or actions under your account.
E. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.
F. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Services, Sites, or portions of it using your username, password, or other security information.
G. You may not use a third party’s account, username, or password at any time.
H. Case X shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Case X, our licensors, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
I. We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement or Additional Terms.
14. User License.
A. Subject to this Agreement and Additional Terms, Case X grants you a worldwide, non-exclusive, non-sublicensable, non-assignable and non-transferable license to use (i.e., to download and display locally) Content (other than your own User Content) solely in connection with Law Firm End User Services or Healthcare End User Services.
B. Use, reproduction, public performance, modification, distribution, or storage of any Content (other than your own User Content) for any reason other than as expressly set forth herein use is expressly prohibited without prior written permission from Case X.
C. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates this Agreement or any third party right.
15. Case X License.
A. As between Case X and you, you own the User Content you submit through our Services.
B. By submitting User Content through our Services (or to Case X, by any other means), you hereby grant us and our partners a non-exclusive, perpetual, irrevocable, fully-paid, royalty-free, transferable, assignable, sublicensable, worldwide license to use, display, host, publish, reproduce, download, publicly perform, transmit, broadcast, adapt, modify (e.g., re-format), rearrange, prepare derivative works of, distribute, and otherwise exploit your User Content and through any manner, mode of delivery, or media now known or developed in the future to:
i. enable our Services and provide our Services to other Users;
ii. to improve our Services and other business offerings;
iii. to create or modify aggregated, anonymized/de-identified data which can not be reasonably used to identify any User or any Case Subject (“Aggregated Anonymous Data”), and to disclose, use and/or share the Aggregated Anonymous Data for any lawful purpose; and
iv. for any other legal purpose, provided that such purpose does not disclose Case Content to any third party except as expressly set forth herein; except
v. provided that none of the foregoing violate any applicable law including the HIPAA Rules or any applicable BAA.
C. As applicable, you also hereby grant certain Users of our Services a non-exclusive license to access your User Content through our Services, and to use, reproduce, distribute, display, and perform such Content as permitted through the functionality of our Services and under this Agreement.
16. Feedback Rights.
A. For purposes of this Agreement, “Feedback” is any communications, feedback or communications pertaining to our business, products, or services.
B. You hereby grant us a non-exclusive, perpetual, irrevocable, fully-paid, royalty-free, transferable, assignable, sublicensable, worldwide license in Feedback you provide to us, directly or indirectly, whether in written or oral:
i. to incorporate into, utilize in or with any of our services, products, or offerings; and
ii. for any other lawful purpose.
17. Rules of Conduct.
A. As a condition of use of our Services, you agree that you will not use our Services for any purpose that is prohibited by this Agreement or Additional Terms, as applicable. You are responsible for all your activity in connection with our Services.
B. You shall not (and shall not permit any third party to) either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through our Services, including without limitation any User Content, that:
i. infringes any patent, trademark, trade secret, copyright, right of publicity or any other right of any other person or entity or violates any law or contractual duty (see Section 25 below);
ii. you know or should know or reasonably believe is false, misleading, untruthful, or inaccurate;
iii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or is otherwise inappropriate as determined by us in our sole discretion;
iv. constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail (“spamming”);
v. contains (transmits, facilitates or otherwise enables) software viruses or any other computer codes, files, or programs that disrupt, damage, limit or interfere with the intended function of any software, hardware, or telecommunications equipment or which provide, enable, facilitate or obtain unauthorized access (whether on behalf of other software processes or natural persons) to (or control of, or ability to modify or interfere with) any system, data, password or other information of ours or of any third party;
vi. impersonates any person or entity, including any of our employees or representatives;
vii. includes any third party’s identification documents or sensitive financial information; or
viii. in any way that violates any agreement to which you are subject or in any way violates any applicable law, regulation, order or agreement to which you are subject, including, without limitation, any applicable federal, state, local, foreign or international laws, rules and regulations governing securities, consumer protection, privacy and trade laws and regulations.
ix. In the case of Healthcare End Users, upload to any Site any Case Subject’s PHI without having first obtained the Case Subject’s signed HIPAA Authorization.
C. You shall not, directly, or indirectly:
i. take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
ii. interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services;
iii. bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to our Services (or other accounts, computer systems or networks connected to our Services);
iv. run any form of auto-responder or “spam” on our Services;
v. use manual or automated software, devices, or other processes to “crawl” or “spider” any page of our Services;
vi. harvest or scrape any Content from our Services;
vii. decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of our Services (including without limitation any application made available through or promoted by our Services), except to the limited extent applicable laws specifically prohibit such restriction;
viii. modify, translate, or otherwise create derivative works of any part of our Services;
ix. copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder, including through our Services or any rights pertaining to your use of, access to or exploitation of our Services; or
x. otherwise take any action in violation of our guidelines and policies.
D. We also reserve the right to access, read, preserve, and disclose any information we receive, or is otherwise in our possession, as we reasonably believe is necessary to
i. satisfy any applicable law, regulation, legal process, or governmental request;
ii. enforce this Agreement or Additional Terms, including investigation of potential violations hereof;
iii. detect, prevent, or otherwise address fraud, security, or technical issues;
iv. respond to user support requests; or
v. protect the rights, property or safety of us, our users, and the public.
18. User Acknowledgments, Representations, and Warranties.
A. By using our Services, you hereby acknowledge and agree that our Services may include the following, except as otherwise prohibited by applicable law or applicable BAAs:
i. Uploading your User Content to pooled databases or servers, where your User Content will be commingled with User Content provided by other Users;
ii. Processing your User Content with AI-enhanced software, which may result in improvements, enhancements or modifications to such AI-enhanced software, its databases, or its other components, as well as know-how, insights or other information derived from such processing (collectively, “AI Improvements”); or
iii. Aggregating and/or commingling any AI Improvements resulting from processing of your User Content with AI Improvements resulting from the processing of other User’s User Content.
B. By using our Services, you hereby represent and warrant that:
i. You have all rights and licenses necessary to upload your User Content to our Services for all purposes described herein and otherwise implied by the nature of the processing performed by our Services;
ii. You have an information security and cybersecurity policy reasonably designed to protect your digital systems, including those you use to access and use Case X;
iii. The User Content you upload to our Services does not and shall not include the confidential information or trade secrets of any other person or entity;
iv. Except for Case Content, the User Content you upload to our Services does not and shall not include the personal information of any other person or entity;
v. By uploading your User Content to the Service, you are not in violation of any applicable law, rule, regulation, order, code of conduct, code of ethics (whether imposed on you by an educational institution, workplace or otherwise), or any contractual obligation to which you are subject; and
vi. You have (x) procured express, written authorization from each Case Subject to upload that Case Subject’s Case Content to our Services via a HIPAA Authorization or (y) been provided with a copy of such HIPAA Authorization by a relevant Law Firm End User or Healthcare End User, as applicable, and have a good faith belief that such authorization is valid under applicable law.
C. By using our Services, you hereby further represent and warrant that you will:
i. inform your authorized users that unauthorized access to User Content or Case Content, as applicable, may subject them to civil and criminal liability under the applicable laws, rules, and regulations, punishable by fines and imprisonment;
ii. take all necessary measures to prevent unauthorized access to our Services by any person other than you for permissible purposes, including, without limitation limiting the knowledge of your security codes, account numbers, user credentials or user identification (“User IDs”), and any passwords you may use (collectively, “Security Information”), to those individuals with a need-to-know basis. Further, the User IDs must be unique to each person, and the sharing of User IDs or passwords is prohibited;
iii. when registering as a new authorized user of Services, verify your email address;
iv. use multi-factor authentication and perform, at a minimum, quarterly entitlement reviews to recertify and validate authorized access privileges and disable the account of any authorized user who is no longer responsible for accessing our Services;
v. adhere to all security features in the software and hardware you use to use or access our Services;
vi. implement secure authentication practices when providing User IDs and passwords to authorized users, including but not limited to using individually assigned email addresses and not shared email accounts;
vii. in no event access our Services via any unregistered hand-held wireless communication device that has not gone through your organization’s device enrollment, access, and authentication processes;
viii. not use hard drives or portable and/or removable data storage equipment or media to download, extract or store data obtained through or furnished our Services;
ix. not ship hardware or software between your locations or to third parties without deleting all personal information obtained through our Services;
x. monitor compliance with the obligations of this Agreement and immediately notify Case X if you suspect or know of any unauthorized access or attempt to our Services;
xi. if you use a service provider to establish access to our Services or Site, be responsible for the service provider’s use of Security Information, and ensure that the service provider safeguards such Security Information through the use of security requirements that are no less stringent than those applicable to you under this Agreement;
xii. use best efforts to assure data security when disposing of any User Content or Case Content, as applicable, obtained through Case X;
xiii. not allow personal information obtained through or furnished by Case X to be publicly displayed via the Internet;
xiv. use best efforts to establish procedures and logging mechanisms for systems and networks that will allow tracking and analysis in the event there is a compromise, and maintain an audit trail history for at least three (3) months;
xv. provide prompt notification to Case X of any change in address or office location; and
xvi. in the event you suspect you have suffered or actually suffer a security incident or intrusion involving User Content or Case Content, as applicable, obtained through or furnished by Case X, you will immediately notify Case X and fully cooperate with Case X in a security assessment process and promptly remediate any finding.
D. For purposes of this Agreement, an occurrence of a security incident means any breach, theft or unauthorized access, use, misuse, theft, vandalism, modification, or transfer of or to Content, User Content, or Case Content, as applicable, obtained through or furnished by Case X.
E. By using our Services as a Healthcare End User, as applicable, you hereby represent and warrant that you:
i. Do not and will not use or rely on Healthcare End User Services as or for an EMR or EHR;
ii. Will not upload Care Subjects’ PHI to any Sites without first having obtained the applicable Case Subject’s signed HIPAA Authorization.
F. If Case X reasonably believes that you have violated this Section 18, Case X may, in addition to any other remedy authorized by this Agreement or available at law, conduct or have a third party conduct on its behalf, an audit of your facilities, security practices and procedures to the extent Case X reasonably deems necessary, including an onsite inspection, to evaluate your compliance with the data security requirements of this Agreement. If a violation of this Section 18 is found, the costs of the audit and remediation of the violation shall be covered by you. We also reserve the right to either suspend your access to our Services pending the results of this audit or terminate your access to our Services.
19. Purchases.
A. If you wish to purchase any product or services made available through our Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, your email, and your shipping information (if applicable).
B. You represent and warrant that
i. you have the legal right to use any credit card(s) or other payment method(s) you supply in connection with any Purchase; and
ii. the information you supply to us is true, correct, and complete.
C. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. Further information about our collection and use of information you provide is in our Portal Privacy Policy.
D. We reserve the right to refuse or cancel your order at any time for reasons, including but not limited to
i. product or service availability;
ii. errors in the description or price of the product or service;
iii. errors in your order or other legally permissible reasons; or
iv. suspected or actual fraud or an unauthorized or illegal transaction.
E. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
20. Subscriptions.
A. Some digital products and other Services may be billed on a subscription basis (“Subscription(s)”). For a Subscription, you may be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set on the basis indicated at time of Purchase or as you otherwise configure in your account settings.
B. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions, unless you cancel it or Case X cancels it.
C. You may cancel your Subscription renewal either through your online account management page or by contacting Case X support at info@mycasex.com.
D. A valid payment method, including a credit card, is required to process the payment for your Subscription. You must provide Case X with accurate and complete billing information including full name, address, state, zip code, telephone number, email address and a valid payment method.
E. By submitting such payment information, you automatically authorize Case X to charge all Subscription fees incurred through your account to this payment method.
21. Refunds.
A. Case X does not make refunds for any reason.
B. All transactions conducted with Case X are non-refundable.
22. Fee Changes.
A. Case X, in its sole discretion and at any time, may modify Subscription fees. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
B. Case X will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
C. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
23. Late Fees and Collections.
A. Case X may charge you late fees for any fees not paid by their due date. Such late fees will be the lesser of one and a half percent per month (1.5%) and the highest interest rate allowable under applicable law.
B. You agree to, and will, pay Case X its reasonable costs of collection (including legal fees and other related expenses) in connection with any fees you owe.
C. We may refer late fees to collections agencies as determined within our sole discretion.
24. Confidentiality.
A. For purposes of this Agreement, “Confidential Information” means any non-public information disclosed by a party (including such party’s personnel and agents, together as “Discloser”) to the other party (including such party’s personnel and agents, together as “Recipient”) hereunder, either directly or indirectly, whether disclosed orally, in writing or otherwise. For the avoidance of doubt, Confidential Information, includes, without limitation, Case Content, and personal information.
B. Recipient shall not, during or subsequent to the term of this Agreement, use Discloser’s Confidential Information for any purpose other than in furtherance of this Agreement and the activities described herein or disclose such Confidential Information to any third party except as otherwise permitted hereunder. Recipient may disclose Confidential Information of Discloser only to those employees or consultants who have a need to know such Confidential Information and who are bound to retain the confidentiality thereof under provisions (including provisions relating to nonuse and nondisclosure) no less restrictive than those required by Recipient for its own Confidential Information. Recipient shall maintain Confidential Information of Discloser with at least the same degree of care it uses to protect its own proprietary information of a similar nature or sensitivity, but no less than reasonable care under the circumstances. Recipient shall promptly advise Discloser in writing of any misappropriation or misuse of Discloser’s Confidential Information of which Recipient becomes aware.
C. This Agreement shall not prevent Recipient from disclosing Confidential Information of Discloser to the extent required by a judicial order or other legal obligation, provided that, in such event, Recipient shall promptly notify Discloser to allow intervention (and shall cooperate with Discloser) to contest or minimize the scope of the disclosure (including application for a protective order). Each party may disclose the terms and conditions of this Agreement as required by the applicable securities laws, including requirements to file a copy of this Agreement (redacted to the extent reasonably permitted by applicable law) or to disclose information regarding the provisions hereof or performance hereunder to applicable regulatory authorities. Confidential Information does not include information which: (i) is already known to Recipient at the time of disclosure; (ii) becomes publicly known and made generally available through no wrongful act or inaction of Recipient; (iii) is rightfully received by Recipient from a third party without a duty of confidentiality; (iv) is authorized for disclosure by Discloser prior to such applicable disclosure; and/or (v) is independently developed by Recipient without reliance on Discloser’s Confidential Information.
D. Upon the termination of this Agreement, or upon Discloser’s earlier request, each party (as Recipient) shall deliver to Discloser or destroy all of Discloser’s Confidential Information embodied in tangible (including electronic) form and certify in writing to Discloser that all such Confidential Information has been returned or destroyed. The provisions of this Section 24 shall not apply to Confidential Information incidentally stored in a party’s automated back-up systems, provided that such Confidential Information be held in accordance with the provisions of this Agreement and will be deleted pursuant to the applicable policies governing such systems.
E. Notwithstanding anything herein to the contrary, we will not share Case Content or PHI with any third party except: (i) as Aggregate Anonymized Data; (ii) pursuant to the provisions of the foregoing Section 24.B; or (iii) as required by any BAA or the HIPAA Rules.
25. DMCA COMPLIANCE AND COPYRIGHT INFRINGEMENT NOTICES.
A. The Digital Millennium Copyright Act (the "DMCA") permits anyone who believes in good faith that material available via our Services infringes their copyright (a "Claimant") to send to our agent for notice of claims of copyright infringement ("Agent") a written notice requesting that we remove or block access to the infringing material ("Notice").
B. Such Notice must include the following information:
i. A physical or electronic signature of a person authorized to act on behalf of the Claimant;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
iv. The Claimant’s address, telephone number, and, if available, an electronic mail address;
v. A statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
C. The DMCA permits anyone who believes in good faith that a Notice of copyright infringement has been wrongly made against them to send our Agent a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see www.loc.gov/copyright). Notices and counter-notices should be sent to our Agent at: dmca@mycasex.com.
D. Responses to Notices will be made in accordance with the requirements of the DMCA and within Case X’s sole discretion.
26. SMS; Third Party Sites.
A. Case X may send communications to you on your mobile telephone by SMS or text message. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider.
B. For your convenience and enjoyment, our Services may provide links to websites (and other digital resources) that are not operated by Case X (each as a “Third Party Site”). Third Party Sites are not under our control, and you acknowledge and agree that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. Some links to Third Party Sites may be present on our Services in connection with paid promotions. Notwithstanding any such paid promotion, and except as otherwise expressly stated by Case X, Case X does not endorse, approve of or sponsors any Third Party Site or any information, products, or services contained in such Third Party Site, nor is Case X liable for any claims or any damage that might result from your use of, or reliance on, such information, products, or services thereon.
C. YOU ACKNOWLEDGE AND AGREE THAT CASE X IS NOT RESPONSIBLE OR LIABLE, DIRECTLY, OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY SITES. FOLLOWING ANY LINKS TO ANY THIRD PARTY SITES IS DONE AT YOUR SOLE RISK.
27. Promotions and Giveaways.
A. From time to time, we may offer sweepstakes, promotions, or giveaways on behalf of third parties. Each promotion or giveaway will have its own rules that will disclose what information is gathered, how that information is used, and who that information is shared with (each of the foregoing as “Promotion Terms”). You must review and agree to be bound by such applicable Promotion Terms and rules prior to engaging with each sweepstakes, promotion, or giveaway.
28. Termination and Suspension.
A. Except as expressly set forth in any applicable Additional Terms, you may terminate your account for any reason and at any time by notifying us. Upon termination, our sole obligation is to comply with the terms of the BAA, if any, applicable following termination. It is your responsibility to assure that you meet all your obligations in connection with a Case Subject and patient communications. We may terminate or suspend your access (including any Access Right granted hereunder or any account) to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. You acknowledge and agree that notice is not required for any such termination to be effective. To the extent Case X voluntarily desires to provide notice to you, you acknowledge that if the information you have provided to us for notice purposes is inaccurate, or if you have not provided notice information to us, or if Case X ceases operating a part or a whole, we reserve the right to remove and/or disable access to Content, decline to restore the Content and/or access to it, or suspend and/or terminate your account if we have a good-faith belief that the Content violates this Agreement. See our DMCA Copyright Policy.
B. Notwithstanding anything herein to the contrary, we will preserve your Case Content through any account suspension or termination for a period of at least six (6) months, or for the minimum period of time required by law. Subsequent to termination or suspension of your account, for any reason, we will provide you your case content, on request, subject to your execution of a release agreement, in form reasonably determined by us. To the extent that Case X ceases to operate as a going concern, for any reason, including bankruptcy, liquidation, assignment for the benefit of creditors, or otherwise, Case X will make good faith attempts to provide active Users with the opportunity to retrieve their Case Content or to deposit such Case Content with an appropriate third party. You hereby acknowledge and consent to the provisions of this Section 28 as an integral part of this Agreement.
C. All provisions of this Agreement which by their nature should survive termination or expiration or expiration shall survive any such termination or expiration, including, without limitation, licenses of User Content.
29. DISCLAIMERS.
A. CASE-X IS NOT RESPONSIBLE FOR ANY CONTENT, INCLUDING ANY USER CONTENT OR CASE CONTENT, AND ACTIVELY DISCLAIMS ANY WARRANTY THAT ANY USER CONTENT OR CASE CONTENT IS ACCURATE, TIMELY OR ERROR FREE. FURTHER, WITHOUT LIMITING ANYTHING HEREIN, CASE X DOES NOT MAKE, AND DISCLAIMS, ANY REPRESENTATION OR WARRANTY THAT OUR SERVICES ARE OR WILL BE COMPLETELY ACCURATE OR ERROR-FREE, SUITABLE FOR YOUR NEEDS, AND/OR AVAILABLE AT ANY GIVEN TIME.
B. CASE X DISCLAIMS ALL WARRANTIES, IMPLIED OR EXPRESS, INCLUDING WITHOUT LIMITATION ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AND THE STATED EXPRESS WARRANTIES, IF ANY, ARE IN LIEU OF ALL OTHER OBLIGATIONS AND PERFORMANCE LIABILITIES ARISING OUT OR RELATED TO THIS AGREEMENT AND, SITES AND ANY SERVICES AVAILABLE THERETHROUGH.
30. Indemnification.
A. You hereby agree that you shall defend, indemnify, and hold harmless Case X, including its parents, subsidiaries and affiliates (and the successors and assigns of each of the foregoing), and each of their respective owners, directors, officers, employees, contractors, agents, suppliers, licensors, and representatives (and the successors and assigns of each of the foregoing; the foregoing together as the “Case X Indemnitees”) from and against any and all liabilities, losses, claims, suits, costs, penalties demands, causes of action or proceedings and any and all obligations, damages, or expenses (including all costs, expenses, and attorney’s fees; together as “Losses”) that arise from or relate to (i) your use or misuse of, or access to, our Services (including our Sites) or Content; (ii) your use, operation or combination of our Services with software, data, equipment, specifications, or materials not provided through Case X; (iii) your violation of this Agreement, including but not limited to any Additional Terms or representation, warranty or covenant made or undertaken by you under this Agreement; (iv) your relationship with, use of, or reliance on any Content; (v) your User Content, including but not limited to any alleged or actual inaccuracies in User Content; (vi) infringement by you (or anyone acting on your behalf) of any intellectual property, proprietary or industrial right or other right of any person or entity; (vii) any violation of applicable laws, rules or regulations, including but without limitation, any applicable federal or state privacy laws, data destruction laws or otherwise; (viii) your failure to obtain and secure all required necessary licenses, rights, consents, and/or permissions from third parties; (ix) any personal injury or death, or damage to, or loss of, tangible property caused in whole or in part by you or your authorized users; (x) misuse of, or improper access to, personal information by you or your authorized users; or (xi) any willful misconduct or grossly negligent actions or inactions by you.
B. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will assist and cooperate with us in asserting any available defenses.
31. Limitation of Liability.
A. EXCEPT AS EXPRESSLY SET FORTH HEREIN AND IN ANY APPLICABLE ADDITIONAL TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY OR ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, THE CASE X INDEMNITEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES RESULTING FROM LOSS OR INTERRUPTION OF BUSINESS, LOST BUSINESS OPPORTUNITY, DATA BREACH, LOST DATA OR LOST PROFITS, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, HOWEVER CAUSED, EVEN IF SUCH CASE X INDEMNITEE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
B. SHOULD THE DISCLAIMER IN THE PRECEDING PARAGRAPH BE DETERMINED OR ADJUDICATED NOT TO APPLY TO DIRECT DAMAGES FOR ANY REASON, YOU HEREBY AGREE THAT THE CASE X INDEMNITEES’ TOTAL AGGREGATE LIABILITY TO YOU FOR DAMAGES IN CONNECTION WITH THIS AGREEMENT, OUR SERVICES, THE CONTENT OR ANY OTHER MATERIALS PROVIDED TO YOU HEREUNDER, REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILITY (UNDER ANY THEORY, WHETHER IN CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO US DURING THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
C. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, OUR SERVICES, OR OUR SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
D. THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
E. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
F. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
32. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of New Jersey. Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey in each case located in the County of Essex, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Service of process, summons, notice, or other document by mail to such party's address set forth herein shall be effective service of process for any suit, action, or other proceeding brought in any such court.
33. BINDING ARBITRATION.
A. Any dispute or claim relating in any way to your use of any Services, or to any products or services sold or distributed by Case X or through our Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.
B. There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Service as a court would.
C. AAA will conduct any arbitration under its Commercial Arbitration Rules (or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use our Services, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879.
D. To start an arbitration, mail us at the contact information below.
E. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead.
F. Any in-person hearing will take place in County of Essex, New Jersey, in the United States.
G. The arbitrator may award the same damages to you individually as a court may. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim.
H. Under AAA Rules, the arbitrator rules on its own jurisdiction, including the arbitrability of any claim. However, a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity. All arbitrations will be on an individual basis only.
I. Contact Address for Arbitration Notices:
Case X, LLC
700 Plaza Drive, Suite 205
Secaucus, NJ 07094
Attention: General Counsel’s Office
34. Non-Arbitrable Claims Forum; CLASS ACTION WAIVER; WAIVER OF JURY TRIAL.
A. For any dispute not subject to binding arbitration hereunder, you hereby irrevocably and unconditionally consent to submit to the jurisdiction of the State or Federal Courts located in Essex County in New Jersey, for all disputes, including any litigation (each a “Dispute”), arising out of or relating to this Agreement, including your use of our Services. Further, you covenant not to commence any litigation relating thereto except in such courts and irrevocably waive any objection to such jurisdiction and venue, including any objection of forum non conveniens. Each party shall be responsible for their own expenses, costs, and attorney’s fees for any dispute arising out of or in connection to this Agreement.
B. YOU HEREBY KNOWINGLY AGREE THAT ANY PROCEEDING, IN COURT OR BEFORE ANY OTHER COMPETENT TRIBUNAL, INCLUDING AT ARBITRATION IF APPLICABLE, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU HEREBY ACKNOWLEDGE THAT YOU ARE WAIVING YOUR ABILITY TO JOIN A CLASS ACTION AGAINST CASE X IN CONNECTION WITH THE ANY CLAIM ARISING FROM OR RELATED TO THIS AGREEMENT OR OUR SERVICES.
C. YOU AND CASE X HEREBY WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, SUIT, OR PROCEEDING BROUGHT TO RESOLVE ANY DISPUTE ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY TRANSACTION CONTEMPLATED HEREBY.
D. To the maximum extent permitted by applicable law, you hereby release Case X from any and all claims, demands, losses, damages, rights, and actions of any kind including arising from or related to personal injury, death or property damage, that are directly or indirectly related to or arise from: (i) the actions and omissions of other users of our Services, including your interactions with such other users; and (ii) the actions and omissions of Third Party Sites, including your interactions with such Third Party Sites.
35. Modification.
A. We reserve the right, in our sole discretion, to modify or replace any provisions of this Agreement, or change, suspend, or discontinue our Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on our Services or by sending you notice by e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of our Services without notice or liability. Your continued use of our Services following notification of any changes to this Agreement constitutes acceptance of those changes.
B. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, IF CASE X MODIFIES THE BINDING ARBITRATION CLAUSE, WAIVER OF JURY TRIAL, OR OBLIGATION NOT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, SUCH MODIFICATION WILL NOT APPLY TO ANY INDIVIDUAL DISPUTE THAT HAS ACCRUED PRIOR TO THE DATE OF SUCH MODIFICATION.
36. Severability.
A. If any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall be unimpaired and remain in full force and effect and enforceable.
B. Further, the invalid, illegal or unenforceable provision shall be replaced by a provision that comes closest to the intention of the parties that underlie the invalid, illegal or unenforceable provision, except to the extent no such provision is valid, legal and enforceable, in which case such invalid, illegal or unenforceable provision shall be limited or eliminated to the minimum extent necessary so that the other provisions of this Agreement remain in full force and effect and enforceable.
37. Entire Agreement.
A. This Agreement and the documents referenced herein (including any Additional Terms) is the entire agreement between you and us with respect to our Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to our Services. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
B. The captions and section and paragraph headings used in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement.
C. The construction of this Agreement shall not take into consideration the party who drafted or whose representative drafted any portion of this Agreement, and no canon of construction shall be applied that resolves ambiguities against the drafter of a document. Neither the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) nor the Uniform Computer Information Transactions Act (“UCITA”) shall not apply to this Agreement or its interpretation.
D. Whenever the context so requires, each pronoun or verb used herein shall be construed in the singular or the plural sense and each capitalized term defined herein and each pronoun used herein shall be construed in the masculine, feminine or neuter sense. References to Sections and Appendices are to Sections and Appendices of this Agreement unless otherwise specified. Whenever the words “include,” “includes” or “including” are used, they are deemed to be followed by the words “without limitation.” The words “herein,” “hereof” and other words of similar import refer to this Agreement as a whole and not to any particular section, subsection, paragraph, clause, or other subdivision. The word “or” is not exclusive but shall mean “and/or.” The symbol “$,” and all references to cash amounts, refer to United States dollars.
38. Force Majeure.
A. Case X shall not be liable or responsible to you, any User or third party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond Case X’s control, including, without limitation, any of the following events:
i. acts of God;
ii. flood, fire, earthquake, epidemics, or explosion;
iii. war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest;
iv. government order, law, or actions;
v. embargoes or blockades in effect on or after the date of this Agreement;
vi. national or regional emergency;
vii. strikes, labor stoppages, or slowdowns, or other industrial disturbances;
viii. telecommunication breakdowns, power outages or shortages; or
ix. mechanical, electronic or communications failure or degradation.
B. Case X shall use diligent efforts to end the failure or delay and ensure the effects of any such event outlined in this Section are minimized. Case X shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that Case X’s failure or delay remains uncured for a period of sixty (60) consecutive days following written notice given by Case X, you or Case X may thereafter terminate this Agreement.
39. Assignment.
A. This Agreement is personal to you and is not assignable, transferable, or sublicensable by you except with our prior written consent. Any attempted or purported assignment in violation of this clause shall be null and void.
B. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
C. Subject to our Portal Privacy Policy and any applicable Additional Terms, the User Content, personal information, and all other material you submit to or through our Services may be transferred in connection with any such assignment or transfer.
40. Agency.
A. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.
41. Notices.
A. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by e- mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
B. Electronic notices should be sent to info@mycasex.com.
C. We may use any notice address you provide to us.
D. We may update our notice contact information by updating the contact in this Agreement.
42. No Waiver.
A. Our failure to enforce any part of this Agreement shall not constitute a waiver of our right to later enforce that or any other part of this Agreement.
B. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
C. In order for any waiver of compliance with this Agreement to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
D. You may contact us at: info@mycasex.com