CaseProgression Terms of Service

By using the CaseProgression.com web site (“Service”), a service of Case Progression, LLC (“Case Progression”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Case Progression reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.CaseProgression.com/Retail/Terms

Account Terms

1. You must provide your firm's legal name, a valid email address, and any other information requested in order to complete the signup process.
2. Your account may only be used by one law firm – a single account shared by multiple law firms is not permitted.
3. You are solely responsible for maintaining the security of your account and password. Case Progression cannot and will not be liable for any loss or damage, including but not limited to breach of confidentiality, from your failure to comply with this security obligation.
4. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who are sharing your pages).
5. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your Account. While Case Progression prohibits such conduct and Content on the Service, you understand and agree that Case Progression cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Payment, Refunds, Upgrading and Downgrading Terms

1. A valid credit card is required for paying accounts.
2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or for remainder of contract term. In order to treat everyone equally, no exceptions will be made.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
4. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
5. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Case Progression does not accept any liability for such loss.

Cancellation and Termination

1. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by using your admin account and clicking on the Preferences link in the navigation bar at the top of the screen. The Preferences screen provides a simple, no questions asked two-click instant cancellation process.
2. All of your Content will be immediately deleted from the Service upon cancellation.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately but you will not be charged again.
4. Case Progression, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Case Progression service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Case Progression reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. Case Progression reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Case Progression Site (CaseProgression.com) or the Service itself.
3. Case Progression shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

1. All content posted on the Service must comply with U.S. copyright law. Please review our copyright compliance policy.
2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
3. Case Progression does not pre-screen Content, but Case Progression and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
4. The look and feel of the Service is copyright©2010-2012 Case Progression, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Case Progression.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. Technical support is only provided to paying account holders.
3. You understand that Case Progression uses third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Case Progression, or any other Case Progression service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Case Progression.
6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Case Progression customer, employee, member, or officer will result in immediate account termination.
8. You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. You acknowledge and agree that while Case Progression may not currently have set a fixed upper limit on the number of transmissions you may send through the Service or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Case Progression at any time, at Case Progression’s discretion.
12. If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Case Progression) of other Case Progression customers, we reserve the right to immediately disable your account or throttle your hosting until you can reduce your bandwidth consumption.
13. Case Progression does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
14. You expressly understand and agree that Case Progression shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Case Progression has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of your account; or (vi) any other matter relating to the service.
15. Case Progression's liability whether in contract, in tort, under any warranty, in negligence or otherwise shall not exceed the amount of the subscription fees paid by firm twelve (12) months prior to the date the cause of action arose for the particular company system giving rise to the cause of action. The price stated hereunder is a consideration in limiting company's liability. No action, regardless of form arising out of the transactions under this agreement may be brought by firm more that eighteen (18) months after the cause of action has accrued.
16. Each party will defend, indemnify, save and hold harmless the other party and its officers, directors, agents, affiliates, distributors, franchisees and employees from any and all liabilities arising out of any claim, demand, proceeding or lawsuit by a third party resulting from the indemnifying' party's breach of any duty, representation, or warranty of this agreement, except where liabilities result from the gross negligence or knowing and willful misconduct of the party to be indemnified.
17. The failure of Case Progression to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Case Progression and govern your use of the Service, superseding any prior agreements between you and Case Progression (including, but not limited to, any prior versions of the Terms of Service).
18. The parties hereto agree that all actions or proceedings arising in connection with this agreement shall be tried and litigated exclusively in the state and federal courts located in the state of Idaho. This agreement shall be governed by and construed under the laws of the state of Idaho without consideration of its conflict of law’s provisions.
19. Questions about the Terms of Service should be sent to info [at] Case Progression [dot] com.