LAST MODIFIED ON 7/1/2023
software application and accompanying services.
Please read it carefully.
software applications (the “Service”), provided by TrialEdge LLC (“CaseUp”), and is
effective as of the date you sign up for the Service (as defined below) (the “Effective
If you are entering into this Agreement on behalf of a company or other legal entity, you
represent that you have the legal authority to bind the entity to this Agreement, in
which case “you” will mean the entity.
- "Aggregated Data" data and information related to your Service
usage that is used by us in an aggregate and anonymized manner, including to compile
statistical and performance information related to the Service’s provision and
- "Authorized User" means any person (i) for whom you have purchased
access to the Service (whether such person is in your organization or is provided
temporary access for the purposes of participating in a deposition or other aspect
of the Service), (ii) who is authorized to access and use the Service under the
rights granted to you in this Agreement, and (iii) for whose usage of the Service
you remain solely responsible under this Agreement. The number of Authorized Users
will be as agreed during your Service signup or other written agreement between you
- "CaseUp IP" means the Service, the Documentation, and all
intellectual property provided to you or any Authorized User. CaseUp IP includes all
Aggregated Data and any information, data, or other content derived from our
monitoring of your access to or use of the Services, but does not include Your Data.
For simplicity, we may refer to “CaseUp IP” as “our intellectual property.”
- "Documentation" means any CaseUp user information, handbooks, or
guides relating to the Service provided by CaseUp to you, either on the Service
website or otherwise.
- "Service" means the “CaseUp” software-as-a-service offering that we
provide to you under this Agreement, including any Documentation, Service IP, and
other Service content.
- "Your Data" means, other than Aggregated Data, information, data,
and other content in any form or medium that you or an Authorized User (or another
user acting on yours or an Authorized User’s behalf) submits, posts, or otherwise
transmits through the Service.
1. Acceptance of Terms
By continuing to use the Service, you agree as follows:
1.1. You understand and intend that this Agreement is a legally binding agreement and the
equivalent of a signed, written contract;
1.2. You will use the Service in accordance with applicable laws and regulations and in
accordance with the terms and conditions in this Agreement as may be amended by us
from time to time;
1.3. You understand and accept that we may modify the Agreement from time to time, and
your continued use of the Service following such modifications will constitute your
consent to the modified Agreement; and
1.4. You understand, accept, and have received this Agreement and its terms and
conditions, and acknowledge and demonstrate that you can access this Agreement.
If you do not agree with all the terms and conditions in this Agreement, then you must
immediately discontinue all use the Service.
2. Your Access to Our Service
Subject to and conditioned on your payment of Fees and compliance with all other terms
and conditions of this Agreement, we hereby grant you a non-exclusive, non-transferable
right to access and use the Service during the Term, solely for use by Authorized Users
in accordance with the terms and conditions of this Agreement. Your use is limited to
your internal use. We will provide you any passwords and other information required to
allow you to access the Service. All Authorized Users will be given access by you
through your Account dashboard on the Service.
Again, the Service is made available for use and access only. It is neither sold nor
Further, unless you notify us otherwise in writing, we may identify and indicate you as a
customer and user of our Service on our website and in other online and offline
marketing materials and press releases. We acknowledge that your company name and logo
are protected by intellectual property rights. You hereby grant us a worldwide,
non-exclusive, non-transferable, royalty-free license to use your name, logo, and
website URL on our website and in other online and offline marketing materials relating
to the Service. We will use this content strictly in accordance with any usage
guidelines you provide us with.
3. Your Account
Account Creation: need to register for an Account to use the
Service (your “Account”). You may create an Account by signing up through a
registration form on the Service. You are solely responsible for the activity that
occurs on your Account. You agree to keep your Account and devices secure and to
notify us immediately of any breach of security or unauthorized use of your Account.
Accurate Information: When creating your Account, you promise to
provide accurate information related to your Account. You promise to keep this
information updated so that it is accurate at all times.
No Account Purchases and Transfers: You may not buy, sell, give, or
trade any Account, nor attempt to buy, sell, give, or trade any Account. We own,
have licensed, or otherwise have rights to all the content that appears in-Service,
Backups: If your Account is terminated for any reason, (i) your
right to use the Service will end immediately, (ii) CaseUp may delete all of Your
Data and other content related to your Account. You acknowledge and agree that, in
any event, you should have a regular backup plan, because CaseUp will not be able to
retrieve Your Data and other content once your Account has been closed and data has
ADDITIONALLY, YOU ACKNOWLEDGE AND AGREE THAT CASEUP HAS NO LIABILITY TO KEEP BACKUPS OR ARCHIVE COPIES OF YOUR DATA OR ANY OTHER CONTENT. WE RECOMMEND THAT YOU KEEP A SEPARATE BACKUP OF ALL IMPORTANT FILES. CASEUP IS NOT LIABLE FOR ANY LOSS OF YOUR DATA OR ANY CONTENT WHATSOEVER.
4. Restrictions on Your Use of Our Intellectual Property
You will not use our CaseUp IP for any purpose beyond that grant
- Copy, modify, or create derivative works of our intellectual property, in whole or
- Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to
derive or gain access to any software component of our intellectual property,
including any attempts to discover the underlying code, structure, implementation,
or algorithms of our intellectual property.
- Use our intellectual property to develop, create, or permit others to develop or
create a product or service similar or competitive to our intellectual property,
and, in particular, our Service, or otherwise use false pretenses (pretending to be
a “normal” customer) to gain information about the Service for the purposes of
developing a competitor.
- Make available our intellectual property to third parties, including by reselling,
licensing, renting, leasing, transferring, lending, timesharing, assigning, or
redistributing our intellectual property.
- Remove any proprietary notices from our intellectual property.
- Use our intellectual property in any manner or for any purpose that infringes,
misappropriates, or otherwise violates any intellectual property right or other
right of any person, or that violates any applicable law.
In particular, with respect to the Service and any supplemental software code, you may
not perform or attempt to perform any of the following:
- Identify, probe, or scan any security vulnerabilities.
- Access data not intended for you, or access an account that you are not authorized
- Interfere with, circumvent, manipulate, overload, impair, or disrupt an operation or
- Work around any technical limitations.
- Use any tool to enable features or functionalities that are otherwise disabled,
inaccessible, or undocumented.
- Impersonate any person or entity, or make any false statements pertaining to your
- Collect or process information or data about our users without our permission.
- Send any virus, worm, Trojan horse, or other malicious or harmful code or attachment
through the Service.
- Use robots, crawlers, or any similar applications to scrape, harvest, collect, or
compile Service content.
5. Reservation of Rights
We reserve all rights not expressly granted to you in this Agreement. Except for the
limited rights and licenses expressly granted in this Agreement, nothing in this
Agreement grants to you or any third party any intellectual property rights or other
right, title, or interest in or to the Service.
6. Suspension of the Service
Notwithstanding anything to the contrary in this Agreement, we may temporarily suspend
your, and any Authorized Users’, access to any portion or all of the Service if any of
the following occur:
- If we reasonably determine that:
- you or any Authorized User are in violation of this Agreement;
- there is a threat to any of our intellectual property;
- your or any Authorized User’s use of the Service disrupts or poses a
security risk to the Service or to any of our customers or vendors;
- you or any Authorized User are using the Service for fraudulent or illegal
- subject to applicable law, you have ceased to continue your business in the
ordinary course, made an assignment for the benefit of creditors or similar
disposition of your assets, or become the subject of any bankruptcy,
reorganization, liquidation, dissolution, or similar proceeding; or
- Applicable law prohibits our provision of the Service to you or any
- Any of our vendors have suspended or terminated our access to or use of any
third-party services or products required to enable you to access the Service.
- Your failure to make any payment when due and such failure continues for 15 days or
more. Then, we may suspend your and any Authorized User’s access to any portion or
all of the Service until such amounts are paid in full.
- While we will use commercially reasonable efforts to provide you written notice of any
suspension of your Service and to provide updates regarding resumption of access to the
Service following any suspension, in no event will we have any liability for any damage,
liabilities, losses (including any loss of data or profits), or any other consequences
that you or any Authorized User may incur as a result of a suspension of your access to
7. Your Responsibilities
You are solely responsible and liable for all use of the Service by you or any Authorized
User, directly or indirectly, whether such access or use is permitted by or in violation
of this Agreement.
- Without limiting the generality of the foregoing, you are solely responsible for all acts
and omissions of you or any Authorized User. This includes the use of any sharing
functionality to share any of Your Data or other content with third parties,
particularly when that content contains confidential or sensitive information.
- By uploading, transmitting, sharing, or otherwise making available any of Your Data on or
through the Service, you hereby represent and warrant that you have the right to do so
and that doing so will not violate any third-party rights, including data privacy
- You will use reasonable efforts to make all Authorized Users aware of this Agreement’s
provisions as applicable to such Authorized User’s use of the Service and our
intellectual property and will cause Authorized Users to comply with such provisions.
8. Fees and Payment
You will pay us the fees (“Fees”) in US dollars, as set forth on the Service website or
as otherwise agreed between you and CaseUp in writing. These Fees may be a one-time
payment, or a recurring subscription on a monthly or annual basis (as chosen by you),
and are being prepaid in advance of our granting access to the Service for the
agreed-upon subscription period, beginning with the Fee payment date. A free tier with
no Fees may also be offered, provided that you do not exceed the allowed level of
services for that tier.
You may be granted a free trial (with the actual length of time as noted in your Account
dashboard), after which your access to the Service will cease at the end of the trial.
If you want to continue access to the Service, you must sign up in your Account and pay
any listed Fees for such access.
Depending on the service level you choose in your Account dashboard, if you reach the
limit of allowed services for that level, we will pause the Service until your next
billing cycle, or you may have the option to upgrade your Account’s service level to
accommodate additional services. If you have any questions, please contact us at
If you fail to make any payment when due and such failure continues for 15 calendar days
or more, without limiting our other rights and remedies, we may suspend your and any
Authorized User’s access to any portion or all of the Services until such amounts are
paid in full in accordance with Section 8
of this Agreement.
All Fees and amounts payable by you under this Agreement do not include taxes and similar
assessments. You are responsible for all sales, use, and excise taxes, and any other
similar taxes, duties, and charges of any kind imposed by any federal, state, or local
governmental or regulatory authority on any amounts payable by you under this Agreement.
You are not responsible for any taxes imposed on our income.
9. Third-Party Services
As part of the Service, we may provide you with the ability to use or access certain
third-party products and services (which may be optional) (each, a “Third Party
Service”), such as the use of Microsoft’s “Webview,” which is used for displaying
Microsoft Excel documents. You agree that your access to and use of any Third Party
Service is subject to that Third Party Service’s terms and conditions and privacy
and other related documents. You agree that your use of any of these Third Party
Services is at your own risk, and governed by the applicable Third-Party Terms. You
further agree that CaseUp may modify or discontinue the use of any Third Party Service,
at any time and without notice to you.
CASEUP HAS NO LIABILITY FOR YOUR USE OF ANY THIRD
PARTY SERVICE. ALL THIRD PARTY SERVICES ARE PROVIDED AND AVAILABLE ON AN AS-IS BASIS,
WITH NO WARRANTIES, AND YOU BEAR ALL RISK ASSOCIATED WITH YOUR ACCESS TO AND USE OF ANY
THIRD PARTY SERVICE.
10. Confidential Information
CaseUp’s Confidential Information:
CaseUp may disclose or make available
to the other information about their business affairs, products, confidential
intellectual property, trade secrets, third-party confidential information, and other
sensitive or proprietary information, whether or not marked, designated, or otherwise
identified as “confidential” (collectively, “Confidential Information”).
Confidential Information does not include information that, at the time of disclosure is:
- in the public domain;
- known to you at the time of disclosure;
- rightfully obtained by you on a non-confidential basis from a third party; or
- independently developed by you.
You agree that you will not disclose CaseUp’s Confidential Information, except to
employees who need to know Confidential Information to exercise your rights or perform
your obligations under this Agreement.
On the expiration or termination of this Agreement, you will promptly return to the other
all copies, whether in written, electronic, or other form or media, of our Confidential
Information, or destroy all such copies and certify in writing to the other that such
Confidential Information has been destroyed.
Your nondisclosure obligations with regard to Confidential Information are effective as
of the Effective Date and will expire 5 years from the date first disclosed.
With respect to any Confidential Information that constitutes a trade secret (as
determined under applicable law), obligations of nondisclosure will survive the
termination or expiration of this Agreement for as long as such Confidential Information
remains subject to trade secret protection under applicable law.
Your Confidential Information: All files and other content that you
upload or transfer to the Service, including Your Data, will be encrypted with at least
256-bit encryption technology. Other than this, you acknowledge and agree that CaseUp
does not have any responsibility with respect to confidentiality of Your Data or other
content you upload or transfer to the Service, and makes not warranties as to the
protection or confidentiality of Your Data or such other content.
Additionally, we are not responsible for your sharing of publicly-available links to Your
Data and other content (including, for example, links to depositions that you share with
the participants) – be aware that any links will enable the end user to view the
particular content being linked to, which may be confidential. You are solely
responsible for the sharing of any such links to Your Data, including the actions of any
third-parties with respect to those links.
11. Intellectual Property Ownership
Our Intellectual Property
You acknowledge that we own all right, title,
and interest in and to the CaseUp IP and other Service intellectual property, and, with
respect to any third-party software or services which may be incorporated into the
Service, the applicable third-party providers own all right, title, and interest in and
to such software or services and they are used under license.
You acknowledge and agree that we may collect and compile Aggregated Data. We own and
retain all right, title, and interest in and to all Aggregated Data.
You acknowledge and agree that we may compile Aggregated Data based on Your Data input
into the Service, by anonymizing and aggregating that data. You further acknowledge and
agree that we may:
Your Data We acknowledge that you own all right, title, and interest in
and to Your Data. You hereby grant us a non-exclusive, royalty-free, worldwide license
to reproduce, distribute, and otherwise use and display Your Data and perform all acts
with respect to Your Data, solely as necessary for us to provide the Service to you.
- make Aggregated Data publicly available in compliance with applicable law; and
- use Aggregated Data to the extent and in the manner permitted under applicable law.
Feedback If you or any of your employees or contractors send or
transmit any communications or materials to us suggesting or recommending changes to our
intellectual property, including new features or functionality, or any comments,
questions, suggestions, or the like, we are free to use such feedback irrespective of
any other obligation or limitation.
You hereby assign to us on your behalf, and on behalf of your employees, contractors, and
agents, all right, title, and interest in, and we are free to use, without any
attribution or compensation to any party, any ideas, know-how, concepts, techniques, or
other intellectual property rights contained in the feedback, for any purpose
12. Term and Termination
The Term of this Agreement begins on the Effective Date and, unless terminated earlier in
accordance with this Agreement’s express provisions, will continue in effect until
terminated by either party by giving notice to the other, which you may do by either
logging into your Account and cancelling your subscription through your Account
dashboard, or by contacting us at email@example.com.
You acknowledge and agree that we may suspend or terminate your rights to use the Service
at any time for any reason at our sole discretion, including for any use of the Service
in violation of this Agreement. Upon termination of your rights under this Agreement,
your right to access and use the Service will terminate immediately. CaseUp will not
have any liability whatsoever to you for any termination of your rights under this
13. Messages from CaseUp
You understand that you may receive business-related communications from us through the
Service or through email or other communications methods, such as product-related
messages, announcements, and administrative notices. You agree that these communications
are not unsolicited commercial advertisements and you agree to receive them.
Marketing-related email messages will be accompanied by instructions for opting out.
14. Support Services and Maintenance
We may, in our sole discretion, provide you with customer and technical support services
related to the Service (“Support Services”). We are not required to provide Support
Services unless otherwise required by applicable law. No failure to provide, or to
continue to provide, Support Services will constitute a default by CaseUp under this
Agreement. Any supplemental software code provided to you as part of the Support
Services will be treated as part of the Service, and as between you and us will be and
remain our sole property and will be subject to the terms and conditions of this
If we choose to provide you Support Services, we will attempt to respond to any technical
questions, problems, and inquiries within a reasonable time. But the following
- We may decline to provide support for a matter that we consider, at our sole
discretion, to require unreasonable time, effort, cost, or expense.
- We make no warranty as to a specific response time or to the successful or
satisfactory resolution of the question, problem, or inquiry.
- You will cooperate and work closely with us to reproduce malfunctions as we
reasonably request, including conducting diagnostic or troubleshooting activities.
Our customer support may be reached by contacting us at firstname.lastname@example.org.
15. Modification and Monitoring of the Service
We reserve the right to modify or discontinue, temporarily or permanently, the Service
(or any part of the Service) and any Service features, with or without notice at any
time. You agree that we will not be liable to you or any third party for any
modification, suspension, or discontinuance of the Service or its features.
If we enhance the Service to include new or additional features or capabilities, we may
amend this Agreement or the applicable Fees, and we reserve the right to obtain your
consent to such amendments. If you do not agree to these amendments in their entirety,
we reserve the right to terminate this Agreement as otherwise described in this
We reserve the right to monitor use of the Service to determine compliance with this
Agreement, as well as the right to edit, refuse to post, or remove any content,
information, or materials, in whole or in part, at our sole discretion. We reserve the
right to refuse access to the Service to anyone, or terminate any Account, for any
reason, at any time.
16. Disclaimer of Warranties
Your use of the Service is entirely at your own risk.
The Service is provided by CaseUp on an as-is basis. CaseUp expressly disclaims all
warranties of any kind, whether express or implied, including the implied warranties of
merchantability, fitness for a particular purpose, and non-infringement.
CaseUp makes no warranty that: (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable.
No advice or information, whether oral or written, obtained by you from CaseUp, or
through the Service creates any warranty regarding the Service not expressly stated in
Because some states or jurisdictions do not allow the disclaimer of implied warranties,
the foregoing disclaimer will be limited to the fullest extent permitted by law.
We will endeavor to have our Service operate properly. However, as a service that relies
on third-party software, services, networks, and continuous Internet connectivity, we do
not guarantee that our Service will operate in an uninterrupted or error-free manner or
that it will always be available, free from errors, omissions, or malfunctions.
If we receive notice of any failure or malfunction, or we become aware of them by
ourselves, we will attempt to regain the Service’s availability as soon as reasonably
practicable. But such incidents will not be considered a breach of this Agreement.
17. Limitation of Liability
You expressly understand and agree that CaseUp is not liable for any direct, indirect,
incidental, special, consequential, or exemplary damages, including damages for loss of
profits, goods, goodwill, use, data, or other intangible losses (even if CaseUp has been
advised of the possibility of such damages), resulting from the use or the inability to
use the Service or any other matter relating to the Service, and without regard to
whether such damages, or claims of damages arise based in contract, tort, or otherwise.
Because some states or jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such states or jurisdictions, the
liability of CaseUp and its affiliates will be limited to the fullest extent permitted
You agree to indemnify and hold CaseUp and its affiliates, officers, agents, and
employees harmless from any claim, demand, loss, costs, or expense, including attorneys’
fees, made by any person or entity arising out of your violation of this Agreement,
state or federal laws or regulations, or any other person’s rights, including
infringement of any copyright or violation of any proprietary or privacy right. Under no
circumstances, including any negligent act, will CaseUp or its affiliates or agents be
liable for any damages of any kind that result from the use of, or the inability to use,
19. Your Personal Information
Certain personal and other information that we collect, process, and share is subject to
incorporated here by reference, is located at https://caseup.io/privacy
. You agree that
20. Disclosures Required by Law
We reserve the right to disclose any information, including personally identifiable
information about you, as necessary to satisfy any applicable law, regulation, legal
process, or governmental request. We reserve the right to fully cooperate with any law
enforcement authorities or court order requesting or directing us to disclose the
identity of any user believed to be in violation of this Agreement.
By accepting this Agreement, you waive all rights and agree to hold us harmless from any
claims resulting from any action taken by us during or as a result of its investigations
or from any actions taken as a consequence of investigations by either CaseUp or law
21. Legal Compliance
By using the Service, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or
that has been designated by the U.S. Government as a “terrorist supporting” country;
and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
22. Governing Law; Mediation; Jurisdiction
The Agreement, and all future agreements you enter into with us, unless otherwise
indicated on such other agreement, will be governed by the laws of the State of
California. This is the case regardless of whether you reside or transact business with
us, or any of our affiliates or agents, in the State of California or elsewhere. Unless
a dispute would be governed by the terms of Section23
below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Los
Angeles, California, United States.
23. Binding Arbitration
Any dispute or claim relating in any way to your use of the Service (each, a “Claim”)
will be resolved by binding arbitration, rather than in court (except that you may
assert claims in small-claims court if your claims qualify). You agree that each Claim
must be brought individually.
YOU AND CASEUP AGREE THAT: (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION
BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED
REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.
The Federal Arbitration Act and federal arbitration law apply to this Agreement and this
binding arbitration clause.
Arbitration is a process with no judge or jury – an arbitrator will review the arguments
in the dispute and award damages and other relief just like a court would. The
arbitrator must follow this Agreement as a court otherwise would. Court review of the
arbitration award is limited under the Federal Arbitration Act.
To start an arbitration, you must send an email to email@example.com describing your Claim
and requesting arbitration, or we may do the same by sending a written notice requesting
arbitration to your address. The proceedings will be conducted through JAMS, using their
Streamlined Arbitration Rules and Procedures. You can view these rules at jamsadr.com or
by calling 800-352-5267. The payment of the initial filing fees will be made by the
party filing the Claim, and any other filing and other fees will be apportioned as
directed by the JAMS rules. The arbitration will take place in Los Angeles, California,
United States, unless the Parties agree to video, phone, or Internet connection
Except as otherwise set forth below, you may seek any remedies available to you under
federal, state or local laws in an arbitration action. As part of the arbitration, both
you and CaseUp will have the opportunity for discovery of non-privileged information
that is relevant to the Claim. The arbitrator will provide a written statement of the
arbitrator’s decision regarding the Claim, the award given (including any attorneys’
fees and costs awarded), and the arbitrator’s findings and conclusions on which the
arbitrator’s decision is based.
Notwithstanding the terms of this Section, either of us may bring a lawsuit in court for
equitable relief, for any misuse or infringement of intellectual property rights, or for
any Claim related to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorized use of the Service.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND CASEUP WAIVE THE
RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
You and CaseUp agree that if any portion of this Section is found illegal or
unenforceable, that portion will be severed, and the remainder of the Section will be
given full force and effect.
24. Security of Data Transmission and Storage
You acknowledge that the security of data transmissions cannot be 100% guaranteed, and
that there is a risk that data, including email, electronic communications, and personal
data, may be accessed by unauthorized third parties when communicated between you and
CaseUp or between you and other parties.
CaseUp and its affiliates and agents are permitted, but not obligated, to review or
retain your communications.
The Service may contain links to other sites and software applications (the “Linked
Services”). CaseUp does not control the Linked Services, and CaseUp and its affiliates
and agents make no representations whatsoever concerning the content, accuracy,
security, or privacy of those Linked Services. The fact that CaseUp has provided a link
to an external location is not an endorsement, authorization, sponsorship, or
affiliation with respect to such Linked Services, its owners, or its providers. There
are risks in using any information, software, or products found on the Internet, and
CaseUp cautions you to make sure you understand these risks before retrieving, using,
relying upon, or purchasing anything via the Internet. You agree that under no
circumstances will you hold CaseUp or its affiliates or agents liable for any loss or
damage caused by use of or reliance on any content, goods, or services available on
26. Trademarks and Copyrights
The Service is owned by CaseUp and is protected by United States copyright laws and
international treaty provisions. All Service IP, including but not limited to all
Service content, trademarks, service marks, trade names, logos, and icons are
proprietary to CaseUp, subject to any third-party rights in portions of the Service
licensed from third parties. Nothing contained in the Service should be seen as granting
any license or right to use any trademark displayed in the Service without the written
permission of CaseUp or such third party that may own the trademarks displayed in the
Service. Your use of the trademarks displayed in the Service, or any other content in
the Service, except as provided in this Agreement, is strictly prohibited.
Intellectual property displayed through the Service is either the property of, or used
with permission by, CaseUp. You are prohibited from using or authorizing the use of this
intellectual property unless specifically permitted under the Agreement. Any
unauthorized use of this intellectual property may violate copyright laws, trademark
laws, the laws of privacy and publicity, or other regulations and statutes.
27. Miscellaneous Terms
Agreement Revisions. This Agreement may only be revised in writing
by CaseUp, by our publication of a new version on the Service.
Survival. The terms of Sections 3 , 9, 8, 10, 11, 16, 17, 18, 22,
23, 26, and 27 will survive any termination of this Agreement.
Force Majeure. We are not liable for any delay or failure to
perform due to unforeseen circumstances or causes beyond our control, such as acts of
God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire,
floods, accidents, strikes, or shortages of transportation facilities, fuel, energy,
labor, or materials.
No Partnership. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and us as a result of this
Agreement or your use of the Service.
Assignment. We may assign this Agreement, in whole or in part, to
any person or entity at any time with or without your consent. You may not assign the
Agreement without our prior written consent, and any unauthorized assignment by you will
be null and void.
Export Regulation. You will comply with all applicable federal
laws, regulations, rules, and complete all required undertakings (including obtaining
any necessary export license or other governmental approval) that prohibit or restrict
the export or re-export of our intellectual property or any of Your Data outside the
U.S. Government Rights.Each of the software components that
constitute the Service is a “commercial item” as that term is defined at 48 C.F.R. §
2.101, consisting of “commercial computer software” and “commercial computer software
documentation” as such terms are used in 48 C.F.R. § 12.212.
Accordingly, if you are an agency or contractor of the U.S. Government, you only receive those rights with respect
to the Service as granted to all other end users, in accordance with (a) 48 C.F.R. §
227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and
their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other U.S. Government
users and their contractors.
Severability.If any part of this Agreement is determined to be
void, invalid, or unenforceable, then that portion will be severed, and the remainder of
the Agreement will be given full force and effect.
Attorneys’ Fees.If any litigation is brought by either party in
connection with this Agreement, the prevailing party in such litigation will be entitled
to recover from the other party all the reasonable costs, attorneys’ fees, and other
expenses incurred by such prevailing party in the litigation.
No Waiver.Our failure to enforce any provision of this Agreement
will in no way be construed to be a present or future waiver of such provision, nor in
any way affect the right of any party to enforce every such provision thereafter. The
express waiver by us of any provision, condition, or requirement of this Agreement will
not constitute a waiver of any future obligation to comply with such provision,
condition, or requirement.
Equitable Remedies.You hereby agree that we would be irreparably
damaged if the terms of this Agreement were not specifically enforced, and therefore you
agree that we will be entitled, without bond, other security, or proof of damages, to
appropriate equitable remedies with respect to breaches of this Agreement, in addition
to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement.This Agreement, including the documents
expressly incorporated by reference, constitutes the entire agreement between you and us
with respect to the Service and supersedes all prior or contemporaneous communications,
whether electronic, oral, or written, between you and us with respect to the Service.
Inclusive Language.As used in this Agreement, the word
“including” means “including but not limited to,” and the word “includes” means
“includes without limitation.”