Terms of Use

1. SCOPE

CaseWorthy, Inc. has created, owns, and operates a website (hereinafter The CaseWorthy Website).  The CaseWorthy Website allow you and other CaseWorthy software experts, developers, users, and other interested parties to engage in a variety of activities, such as find information, purchase and/or research CaseWorthy and related software and services, obtain support for CaseWorthy software and services, share information with CaseWorthy and third parties, post comments, blog, provide reviews, vote on prospective features, and engage in conversations and activities related to CaseWorthy’s products and services.  The CaseWorthy Website also includes information created and published by CaseWorthy (“CaseWorthy Materials”) and third parties (“User Content”), such as text, images, photographs, graphics, audio and video, data, code, and software (collectively, the CaseWorthy Materials and User Content are referred to as “Content”).

2. ACCEPTANCE OF TERMS

Your access and use of the CaseWorthy Website is subject to and governed by these terms of use, including any additional or different disclaimers, legal notices, agreements, or terms and conditions that may apply to your use of or access to The CaseWorthy Website, CaseWorthy Materials, or User Content.  If there is a conflict between the terms herein and any additional legal terms, the additional legal terms shall control.  These terms of use forms a legally binding agreement between you and CaseWorthy.  By clicking an “I Accept” button as part of a registration process, or otherwise demonstrating your consent to these terms through a process established by CaseWorthy, you accept and agree to abide by these terms of use.  If you do not agree to these terms, you should not click the “I Accept” button (or equivalent) or attempt to access or use any CaseWorthy Website, CaseWorthy Materials, or User Content.  Please note that these terms do not govern the use of any cloud or SaaS solutions provided by CaseWorthy and for which you are required to enter into a separate agreement.

CaseWorthy may modify these terms to reflect changes in CaseWorthy’s business, applicable law, or for other reasons deemed necessary by CaseWorthy.  If these terms change, CaseWorthy will provide notice, which may include, but is not limited to, notice provided through The CaseWorthy Website or a CaseWorthy user account.  Except where prohibited by law, updates to these terms will apply once the changes have been posted or notice has otherwise been given.  Changes to these terms will not apply retroactively.  If you do not agree to changes made to these terms, you must discontinue your use of The CaseWorthy Website, CaseWorthy Materials, or User Content.

3. USER CONTENT/LICENSE TO CASEWORTHY

Pursuant to a request from CaseWorthy or without a request from CaseWorthy, if you send certain specific submissions or you send creative ideas, suggestions, proposals, plans, or other materials, whether online or through any medium (hereinafter, collectively, User Content), you agree that CaseWorthy may, at any time, and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to CaseWorthy.  CaseWorthy is and shall be under no obligation to:

1. Maintain any comments in confidence;
2. Pay compensation for any comments;
3. Respond to any comments.
4. CaseWorthy may, but has no obligation to, monitor, edit, or remove content that CaseWorthy determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, profane, obscene, or otherwise objectionable or which violates any party’s intellectual property or these terms of use.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right.  You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of The CaseWorthy website.  You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.  You are solely responsible for any comments you make.  CaseWorthy takes no responsibility and assumes no liability for any comments posted by you or any third party.

4. PERMISSIBLE USE OF CASEWORTHY WEBSITE AND CONTENT

The CaseWorthy Website, the CaseWorthy Materials, and the User Content are for your non-commercial use; your use must not be intended for or directed towards commercial advantage or compensation.  You may not copy, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, rent, lease, or sell The CaseWorthy Website, CaseWorthy Materials, or User Content.  You may download, store, and display on your computer or other electronic device, solely to view, listen to, play and print CaseWorthy Materials and User Content; so long as:

1. The CaseWorthy Materials and User Content may only be used for informational, non-commercial purposes and will not be copied or posted on any computer network, or otherwise published, broadcast, or distributed in any manner or media; and
2. The CaseWorthy Materials and User Content may not be modified or altered in any way, including any copyright notices.

You may not use The CaseWorthy Website in any manner that could damage, disable, over-burden, or impair any CaseWorthy server, or the network(s) connected to any CaseWorthy server, or interfere with any other party’s use and enjoyment of The CaseWorthy Website.  You may not attempt to gain unauthorized access to The CaseWorthy Website, other accounts, computer systems, or networks connected to any CaseWorthy server, through hacking, password mining, or any other means.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through The CaseWorthy Website.

You agree not to use The CaseWorthy Website to:

1. Publish, upload, post, email, transmit or otherwise make available any User Content that:You do not have the right to make available;
   1. Is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
   2. Infringes any intellectual property Rights of any party;
   3. Includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise; or
   4. Contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage, or limit the functionality of any computer hardware, software or other property.
2. Defame, harass, abuse, stalk, threaten, or violate the legal rights of others such as rights of privacy and publicity or business integrity;
3. Impersonate any person or entity, including, but not limited to, a CaseWorthy official, CaseWorthy employee, or any other third party, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   Forge email headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through The CaseWorthy Website;
4. Download any file or User Content posted by another user that you know, or reasonably should know, should not be legally reproduced, displayed, performed, and/or distributed in such manner;
5. Interfere with or disrupt the servers, or networks which supports The CaseWorthy Website, or disobey any requirements, procedures, policies, or regulations of networks connected to The CaseWorthy Website;
   Violate any applicable local, state, national, or international law and any regulations; or
   Harvest, collect, or store personal information or data of other users.

5. TERMINATION OF USE

CaseWorthy may, in its sole discretion, at any time discontinue providing or limit access to The CaseWorthy Website, any areas of The CaseWorthy Website, or any CaseWorthy Materials or User Content provided on or through The CaseWorthy Website.  You agree that CaseWorthy may, in its sole discretion, at any time, terminate or limit your access to, or use of, The CaseWorthy Website or any CaseWorthy Material or User Content.  In the event you are in material breach of these terms of use, CaseWorthy may, at its sole discretion, suspend or terminate your account, delete your content from The CaseWorthy Website, and refuse you any current or future use of The CaseWorthy Website without notice.  CaseWorthy shall not be liable to you or any third party for any such suspension or termination.

If you wish to terminate your account, you may do so by submitting your request via email to support@caseworthydev.wpenginepowered.com.  Please note that in the event that you elect to terminate your account, CaseWorthy has the right and may elect to continue to post and publish on The CaseWorthy Website personally identifying information associated with User Content that you have posted.

6.  ACCURACY, COMPLETENESS, AND TIMELINESS OF THE CASEWORTHY WEBSITE MATERIALS AND INFORMATION

CaseWorthy is not responsible if information made available on this site is not accurate, complete, or current.  The material on this site is provided solely for general information and should not be relied upon or used as the sole basis for making decisions without consulting primary sources of information, and/or more accurate, more complete, and/or more timely sources of information.  Any reliance on the material on this site is at your own risk.  This site may contain certain historical information that is not current and is provided for your reference only.  CaseWorthy reserves the right to modify the contents of this site at any time; however, CaseWorthy has no obligation to update any information on The CaseWorthy Website.  You agree that it is your responsibility to monitor changes to The CaseWorthy Website.

7. CONFIDENTIAL INFORMATION

Except for any CaseWorthy websites that are clearly identified as non-public forums, The CaseWorthy Website and possible additional CaseWorthy websites are intended to be public forums, and you agree not to provide CaseWorthy or other CaseWorthy Website users with any confidential or proprietary information that you or the owner of the information do not intend to become public information.  Except for User Content clearly labeled as confidential that you upload into a non-public forum, any User Content that you send or upload to The CaseWorthy Website will be deemed NOT to be confidential or proprietary, and you expressly agree that you waive any trade secret or other confidentiality rights with respect to such User Content.

You agree not to reproduce any confidential information to which you are provided access through The CaseWorthy Website in any form except as authorized at the time of disclosure.  Any reproduction of confidential information shall remain the property of CaseWorthy or the third party that has prepared such information and shall contain any and all confidential or proprietary notices or legends that appear on the original.  You agree to:

1. Take all reasonable steps (defined herein the text that immediately follows) to keep all confidential information strictly confidential;
2. Use confidential information solely as authorized at the time of disclosure; and
3. Not disclose any confidential information to any party without the prior written consent of CaseWorthy or the third party that has prepared such information.

You do not acquire any rights in confidential information except the limited rights as described herein.  In no event shall you use confidential information to create, enhance, modify, rent, lease, loan, sell, distribute, or create derivative works based on the CaseWorthy software or The CaseWorthy Website, or compete with CaseWorthy software or The CaseWorthy Website in whole or in part.  As used herein, confidential information shall mean all trade secrets, intellectual property rights, and other information CaseWorthy or third parties protect against unrestricted disclosure to others which is:

1. Either labeled confidential and accessed through a restricted or non-public area of The CaseWorthy Website or pursuant to software downloads; or
2. Reasonably identifiable as confidential based on the type of information and the manner of its disclosure.

As used herein, reasonable steps means those steps you and/or your company take to protect your own confidential information, which shall not be less than the industry standard of care.

ALL USER CONTENT POSTED BY YOU TO THE CASEWORTHY WEBSITE, WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK, AND CASEWORTHY TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF THE CASEWORTHY WEBSITE.

8.  PERSONAL INFORMATION

Your submission of Personal Data (Personal Data is defined herein in the text that follows in this section) is governed by the CaseWorthy Privacy Statement.  The CaseWorthy Website may require that you become a registered user.  In the event that registration is necessary, before you can use The CaseWorthy Website, you have to register with CaseWorthy and provide CaseWorthy with certain information, which may include personally identifiable information, such as your name and your email address (hereinafter collectively known as Personal Data).  By providing CaseWorthy with Personal Data, you expressly agree that CaseWorthy may collect, use, store, and otherwise process your Personal Data for the purpose of providing you with access to The CaseWorthy Website and related activities and communications in which you agree to participate.

You are responsible for and agree to provide CaseWorthy with complete, true, and current information, including Personal Data, and to keep your Personal Data accurate and up to date.  You can always correct or update your Personal Data.  You may also request information about your Personal Data stored with CaseWorthy, or the correction or deletion of your Personal Data by contacting support@caseworthydev.wpenginepowered.com.  Please note that if you request the deletion of your account or Personal Data, you might not be able to further access and use The CaseWorthy Website and your User Content.

You are solely responsible with regard to usage and security of your password and any activities that occur under your account.  You shall not use the account of anyone else at any time.  You understand and agree that CaseWorthy collects, uses, stores, and otherwise processes your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing The CaseWorthy Website subject to CaseWorthy’s Privacy Statement.

9. INTELLECTUAL PROPERTY RIGHTS

As used herein, Intellectual Property Rights means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.

All Intellectual Proprietary Rights to any CaseWorthy software, The CaseWorthy Website, CaseWorthy Materials, and User Content belongs to CaseWorthy or the individual or entity that submitted it.  Nothing in these terms of use shall be deemed to give you the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any CaseWorthy software, The CaseWorthy Website, any CaseWorthy Materials, or any User Content for any reason, unless otherwise expressly permitted by these terms of use or by law.  You hereby agree to assign and do assign to CaseWorthy, with CaseWorthy accepting such assignment(s), any modifications or derivative works of any CaseWorthy software, The CaseWorthy Website, and CaseWorthy Materials made by you in contravention of this limitation without remuneration of any kind.

YOU AGREE TO COMPLY WITH THE TERMS ON THE CASEWORTHY WEBSITE IN THE LINKED PAGE, “COPYRIGHTS, WEB LINKS, AND TRADEMARKS.”

10.  RESPONSIBILITY FOR THIRD-PARTY LINKS

Certain content and services available via The CaseWorthy Website may include materials from third-parties.  Links on this site may direct you to third-party websites not affiliated with CaseWorthy.  CaseWorthy is not responsible for examining or evaluating the content or accuracy, nor does CaseWorthy make any warranties with respect to such content or materials, and CaseWorthy will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

CaseWorthy is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review the policies and practices of any third party and practices and make sure you understand them before you engage in any transaction.

11.  USE OF CASEWORTHY AND THIRD PARTY SOFTWARE

Your access and use of any software or related documentation, including developer tools and sample code, and any application program interface information provided on The CaseWorthy Website (hereinafter, collectively “Software”) is governed by the software license agreement and related documents and terms that accompany such Software.  You may not use or install any Software that is accompanied by a license agreement unless and until you first agree to the terms of the license agreement.  You must not modify, decompile, or reverse engineer any Software, except to the extent expressly permitted by applicable law or the license agreement.  In the event that Software provided through The CaseWorthy Website is not accompanied by a license agreement:

1. The Software may be used solely for your personal, informational, and/or non-commercial purposes;
2. The Software may not be modified or altered in any way; and
3. The Software may not be redistributed.

All CaseWorthy Software is the copyrighted work of CaseWorthy.  Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works, including the CaseWorthy Software, is an infringement of the copyright holder’s rights.

12. INDEMNIFICATION

You agree to indemnify and hold CaseWorthy, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your User Content or Your usage of The CaseWorthy Website, your breach of these terms of use, any additional legal terms, or CaseWorthy’s Privacy Statement, your unauthorized use of any CaseWorthy-owned intellectual property, or your alleged violation of any other rights of a third party.

13. EXCLUSION OF WARRANTIES

The CaseWorthy Website, CaseWorthy Materials, and User Content are being provided to you without warranties and in “as is” fashion to the extent that phrase is applicable.  To the fullest extent allowable by law, CaseWorthy does not guarantee or warrant any features or qualities of The CaseWorthy Website, CaseWorthy Materials, or User Content, or give any undertaking with regard to any other quality.  Statements and explanations on The CaseWorthy Website, CaseWorthy Materials, or User Content in promotional material or on The CaseWorthy Website and/or documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features.  No warranty or undertaking shall be implied by a CaseWorthy website user from any published CaseWorthy description of or advertisement except to the extent CaseWorthy has expressly confirmed such warranty or undertaking in writing.  Warranties are validly given only with the express written confirmation of CaseWorthy’s executive team.

14. LIMITATION OF LIABILITY

CaseWorthy will not be liable or responsible in any way for any User Content posted on or linked from The CaseWorthy Website, including, but not limited to, any errors or omissions in content, CaseWorthy Materials, or User Content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any content, CaseWorthy Materials, or User Content or other material accessed on or through The CaseWorthy Website and made available by a third party.

TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, CASEWORTHY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY CASEWORTHY WEBSITE USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CASEWORTHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM:

1. THE USE OR THE INABILITY TO USE THE CASEWORTHY WEBSITE, CASEWORTHY SOFTWARE, OR CASEWORTHY MATERIALS;
2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY CASEWORTHY SOFTWARE, CASEWORTHY MATERIALS OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON THE CASEWORTHY WEBSITE;
3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
4. STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON THE CASEWORTHY WEBSITE; OR
5. ANY OTHER MATTER RELATING TO THE CASEWORTHY WEBSITE OR CASEWORTHY MATERIALS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASES OF INTENT OR GROSS NEGLIGENCE BY CASEWORTHY AND IN CASES OF CASEWORTHY’S STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.

15.  GOVERNING LAW

These terms of use and any separate agreements whereby CaseWorthy provides you various products and services shall be governed by and construed in accordance with the laws of the State of Utah.  By using The CaseWorthy Website, you consent and submit to the jurisdiction and forum of the state and federal courts in the State of Utah in all questions and controversies arising out of these terms.  You also agree to comply with all applicable export control laws that are applicable to the transmission of data on the internet, including, but not limited to, laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.

16. SURVIVAL

Your confidentiality obligations hereunder shall survive termination of your account.  Upon any termination of your account, or upon CaseWorthy’s written request, you must cease use of confidential information, and/or The CaseWorthy Website, and return or destroy all confidential information in your possession or control.

17. WAIVER AND SEVERABILITY

The failure of CaseWorthy to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision.  To the extent that any provision in these terms of use shall be found to be invalid or unenforceable, such provision shall be modified in such a manner so as to make these terms of use as modified legal and enforceable under applicable laws, and the balance of the provisions of these terms of use shall not be affected thereby.

18. ENTIRE AGREEMENT

These terms of use represent the entire arrangement between the parties (CaseWorthy and you) with respect to its subject matter and supersedes all prior agreements, understandings, or arrangements, both oral and written, relating to its subject matter.  No collateral agreements have been made.