Terms of Service
Welcome to CaseEasy.ca. We provide services available at our Web site (the “Site”) http://www.CaseEasy.ca 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.ca (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.ca by completing a registration form and designating a user ID and password. When registering with CaseEasy.ca 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.ca of any unauthorized use of your user ID or password or any other breach of security. CaseEasy.ca 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.ca, you understand that we may send you communications or data from CaseEasy.ca 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.ca’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.ca 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.ca 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.ca does not claim any ownership rights in any User Content
Content posted by Users are not reviewed by CaseEasy.ca
CaseEasy.ca 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:
- You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the CaseEasy.ca Site, computer systems and network, or the Services.
- You may not attempt to interfere with any other person’s use of the Services.
- You may not misrepresent your identity or impersonate any person.
- You may not attempt to gain access to any account, computers or networks related to the Services without authorization.
- 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.
- You may not attempt to charge others to use the Services either directly or indirectly.
- You may not use the Services to participate in pyramid schemes or chain letters.
- You may not use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited e-mail communications.
- You may not use the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.
- 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.
- 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.
- 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.
- 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.
- You may not use the Services to harvest or otherwise collecting information about others, including e-mail addresses.
- You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by CaseEasy.ca in connection with the CaseEasy.ca Site or Services.
- You may not use the Services in a manner that results in excessive bandwidth usage, as determined by a representative of CaseEasy.ca. 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.ca. CaseEasy.ca 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.ca’s response to a future complaint. You acknowledge and agree that CaseEasy.ca shall not assume or have any liability for any action or inaction by CaseEasy.ca 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.ca Services or any content. You agree that CaseEasy.ca or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to CaseEasy.ca service and content, including, without limitation, text, images, and other multimedia data.
All contents of the CaseEasy.ca’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.ca, 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.ca and/or it suppliers, affiliates, or licensors. All rights reserved.
CaseEasy.ca and the CaseEasy.ca logo are including without limitation, either trademarks, service marks or registered trademarks of CaseEasy.ca, and may not be copied, imitated, or used, in whole or in part, without CaseEasy.ca’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.ca 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.
We encrypt the data that you store on CaseEasy.ca using the AES-256 standard.
CaseEasy.ca uses Microsoft Azure for data storage. You can find more information about Microsoft Azure's security at: https://www.Microsoft Azure.com/datacenter
Your satisfaction is very important to us. While absolute best efforts have been put to develop and maintain CaseEasy.ca, by becoming an CaseEasy.ca user you, the customer, acknowledge that you forfeit the right to hold CaseEasy.ca accountable for any and all technical errors, including loss of user files (customer data). CaseEasy.ca.ca provides you with facilities to download a backup of your files on a regular-basis. CaseEasy.ca.ca encourages you to use this service.
The site is provided by CaseEasy.ca on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, CaseEasy.ca 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.ca shall have no liability for any interruptions in the use of this Website. CaseEasy.ca 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.ca 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.ca 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.ca 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.ca is found responsible to any CaseEasy.ca User for any reason whatsoever, CaseEasy.ca's responsibility shall be limited to the one month subscription actually paid by such user for CaseEasy.ca's services, and shall not include punitive damages or consequential or resulting damages of any nature.
You agree to indemnify, defend and hold harmless, CaseEasy.ca, 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.ca 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.ca in asserting any available defences.
J. TERMINATION OF SERVICE
You may terminate your user account upon notice to CaseEasy.ca at any time. Upon termination by CaseEasy.ca or at your direction, you may request a backup of your data, which CaseEasy.ca 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.ca’S SYSTEMS MAY NOT BE RETRIEVED, and CaseEasy.ca 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.ca service are available at www.CaseEasy.ca and as published within the Services. CaseEasy.ca 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.ca 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.ca. 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.ca 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
N. NOTICES TO CaseEasy.ca
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.ca at [email protected]