Terms of Service

Welcome to CaseEasy 360. We provide services available at our Web site (the “Site”) http://www.CaseEasy 360 to you (“you” or “User”).

By using this Site, the services available at this Site, and any service, software, application, plug-in, component, functionality, or program created by CaseEasy 360 (together, the "Services"), you are agreeing to the following terms and conditions. These terms and conditions, along with any other policies or guidelines posted on this Site, shall govern your use of this Site and the Services, whether directly or through a third-party site. Please read them carefully before using this Site or the Services. Should you have any questions concerning this Agreement, please contact [email protected].

By visiting this Site and/or by completing the registration process for the Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions.

A. YOUR REGISTRATION OBLIGATIONS

To obtain and use the Services, you will be required to register with CaseEasy 360 by completing a registration form and designating a user ID and password. When registering with CaseEasy 360 you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify CaseEasy 360 of any unauthorized use of your user ID or password or any other breach of security. CaseEasy 360 cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

B. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION

By registering with CaseEasy 360, you understand that we may send you communications or data from CaseEasy 360 regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding CaseEasy 360’s products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.

C. USER CONDUCT/ACCEPTABLE USE POLICY

Unauthorized use of the CaseEasy 360 service, or the resale of said service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our services in any format to any third party. In addition, you may not use the Services in any way that violates applicable federal, provincial, or international law, or for any unlawful purpose. Further, you may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of CaseEasy 360 or others.

To the extent that the Services provide Users an opportunity to store and exchange information, materials, data, forms, and files (“User Content”), you hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information contained therein. You continue to retain all ownership rights in any User Content you provide and shall remain solely responsible for your conduct, your User Content, and any material or information transmitted to other Users for interaction with other Users. CaseEasy 360 does not claim any ownership rights in any User Content

Content posted by Users are not reviewed by CaseEasy 360

CaseEasy 360 reserves the right, without limitation, to terminate your access to and use of the Site and Services if, in our view, your conduct fails to meet any of the following guidelines for User conduct:

  1. You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the CaseEasy 360 Site, computer systems and network, or the Services.
  2. You may not attempt to interfere with any other person’s use of the Services.
  3. You may not misrepresent your identity or impersonate any person.
  4. You may not attempt to gain access to any account, computers or networks related to the Services without authorization.
  5. You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.
  6. You may not attempt to charge others to use the Services either directly or indirectly.
  7. You may not use the Services to participate in pyramid schemes or chain letters.
  8. You may not use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited e-mail communications.
  9. You may not use the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.
  10. You may not use the Services to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
  11. You may not use the Services to send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property.
  12. You may not use the Services to download any material sent by another User of the Services that you know, or reasonably should know, cannot be legally distributed in such manner.
  13. You may not use the Services to violate any code of conduct or other guidelines which may be applicable to the Services or the Site.
  14. You may not use the Services to harvest or otherwise collecting information about others, including e-mail addresses.
  15. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by CaseEasy 360 in connection with the CaseEasy 360 Site or Services.
  16. You may not use the Services in a manner that results in excessive bandwidth usage, as determined by a representative of CaseEasy 360. Use of the Services on the Site as well as use of the Services on any desktop application will be applied toward such bandwidth usage.

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of CaseEasy 360. CaseEasy 360 reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit CaseEasy 360’s response to a future complaint. You acknowledge and agree that CaseEasy 360 shall not assume or have any liability for any action or inaction by CaseEasy 360 with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.

D. INTELLECTUAL PROPERTY RIGHTS AND NOTICES

Except for the licenses granted herein, you have no right, title or interest in or to CaseEasy 360 Services or any content. You agree that CaseEasy 360 or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to CaseEasy 360 service and content, including, without limitation, text, images, and other multimedia data.

All contents of the CaseEasy 360’s Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are: Copyright © 2017 CaseEasy 360, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web site or other networked computer environment) without the express prior written consent of CaseEasy 360 and/or it suppliers, affiliates, or licensors. All rights reserved.

CaseEasy 360 and the CaseEasy 360 logo are including without limitation, either trademarks, service marks or registered trademarks of CaseEasy 360, and may not be copied, imitated, or used, in whole or in part, without CaseEasy 360’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

CaseEasy 360 may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Services. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

E. SECURITY

We encrypt the data that you store on CaseEasy 360 using the AES-256 standard.
CaseEasy 360 uses Microsoft Azure for data storage. You can find more information about Microsoft Azure's security at: Microsoft Azure Security Policy

F. PRIVACY

CaseEasy 360 has established a Privacy Policy to explain to Users how their information is collected and used, which you can read on our Site. Your use of the Services signifies acknowledgement of and agreement to the CaseEasy 360 Privacy Policy.

G. WARRANTIES

Your satisfaction is very important to us. While absolute best efforts have been put to develop and maintain CaseEasy 360, by becoming an CaseEasy 360 user you, the customer, acknowledge that you forfeit the right to hold CaseEasy 360 accountable for any and all technical errors, including loss of user files (customer data). CaseEasy 360.ca provides you with facilities to download a backup of your files on a regular-basis. CaseEasy 360.ca encourages you to use this service.

The site is provided by CaseEasy 360 on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, CaseEasy 360 makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. CaseEasy 360 shall have no liability for any interruptions in the use of this Website. CaseEasy 360 disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.

H. LIMITATIONS OF LIABILITY

IN NO EVENT WILL ANY CaseEasy 360 PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE OR SERVICE, EVEN IF SUCH CaseEasy 360 PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY CaseEasy 360 PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. In the event that, notwithstanding the foregoing disclaimers and indemnification, CaseEasy 360 is found responsible to any CaseEasy 360 User for any reason whatsoever, CaseEasy 360's responsibility shall be limited to the one month subscription actually paid by such user for CaseEasy 360's services, and shall not include punitive damages or consequential or resulting damages of any nature.

I. INDEMNIFICATION

You agree to indemnify, defend and hold harmless, CaseEasy 360, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. CaseEasy 360 reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with CaseEasy 360 in asserting any available defences.

J. TERMINATION OF SERVICE

You may terminate your user account upon notice to CaseEasy 360 at any time. Upon termination by CaseEasy 360 or at your direction, you may request a backup of your data, which CaseEasy 360 will make available to you. A charge of $250 will be applied to provide a backup to monthly subscribers. The backup fee is waived for annual subscribers. You must make such request at the notification of termination to receive such file within thirty (30) days of termination. Otherwise, ANY DATA YOU HAVE STORED ON CaseEasy 360’S SYSTEMS MAY NOT BE RETRIEVED, and CaseEasy 360 shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.

K. PAYMENT OF FEES; AUTOMATIC RENEWAL

The fees applicable for CaseEasy 360 service are available at www.CaseEasy 360 and as published within the Services. CaseEasy 360 reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided us).

Whether monthly, yearly, or otherwise, CaseEasy 360 will automatically renew the service for the same term and will charge the user's credit card or PayPal account on the first day of the renewal term.

If payment is not received by the end of the given 60 day time period, user's account will be frozen, inaccessible, and all shared links will be turned off until all outstanding payments have been processed by CaseEasy 360. Users retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information. If not complied with, at the end of 90 days, user's account will be deactivated and all files will no longer be retrievable.

L. REFUND OF CHARGES

All CaseEasy 360 services are prepaid for the period selected (monthly, yearly or otherwise) and are NON-REFUNDABLE after the first 30 days of your initial subscription date. This includes accounts that are terminated prematurely in accordance with section J.

M. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario. Please note that your use of the Services may be subject to other local, provincial, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with CaseEasy 360 or relating in any way to your use of the Services resides in the courts of Ontario and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Ontario in connection with any such dispute including any claim involving CaseEasy 360 or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

N. NOTICES TO CaseEasy 360

You may notify us by e-mail at [email protected]

O. OTHER TERMS

If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

If you have any questions about this policy, please contact CaseEasy 360 at [email protected]