Fastcase Terms of Service

  1. Web Site Use Generally
    1. Description. Fastcase is an online research system.
    2. No Professional or Legal Advice. Fastcase is not intended to be or
      contain legal advice. Any opinions and advice found on Fastcase are those of
      the author and not necessarily those of Fastcase. Any information supplied by
      any employee or agent of Fastcase, whether by telephone, e-mail, letter or
      other form of communication, is intended solely as general guidance on the use
      of the Service, and does not constitute professional or legal advice.
    3. Eligibility, Access, Use and Service
      1. Eligibility Requirements. To register as a member, you must be at
        least 18 years of age, agree to these Terms of Service and the Privacy Policy,
        and complete the registration procedure. By registering as a customer, you
        represent and warrant that you meet this eligibility requirements, that the
        information you include as part of the registration process is complete and
        accurate and, if you are registering on behalf of any entity, that you are
        authorized to bind that entity to these Terms of Service. Fastcase may accept
        or reject your registration in its sole discretion.
      2. No Unlawful Or Prohibited Uses. As a condition of your use of this
        Service, you warrant to Fastcase that you will not use this Service for any
        purpose that is unlawful or prohibited by these Terms of Service.
      3. Prohibited Uses Generally. You are required to comply with all
        applicable law in connection with your use of the Service, and such further
        limitations as may be set forth herein and in any written or on-screen notice
        from Fastcase. Without limiting the foregoing, you agree not to (i) use any
        device, software or routine to interfere or attempt to interfere, or which has
        the effect of interfering with the proper working of the Fastcase Service or
        website. (ii) reproduce, redistribute or retransmit any information in the
        Service without the written permission of Fastcase; (iii)use or permit anyone
        to use the information provided through this service for any unlawful or
        unauthorized purpose, or in any other manner not permitted in these Terms of
        Service; (iv) decompile, reverse engineer, disassemble, rent, lease, loan,
        sublicense, create derivative works from Fastcase, which includes the
        information and software made available therein; (v) copy, modify, reproduce,
        republish, distribute, transmit or use for commercial or public purposes
        Fastcase, except to the extent required in order for you to use Fastcase in the
        manner expressly intended by Fastcase; and/or (vi) use any incomplete, false or
        inaccurate biographical information or other information for purposes of
        registering as a customer or registering for any promotions offered through the
        Web Site. You further agree not to violate or attempt to violate the security
        of the Service, including, without limitation, (i) accessing data not intended
        for you or logging into a server or account that you are not authorized to
        access; (ii) attempting to probe, scan or test the vulnerability of a system or
        network or to breach security or authentication measures without proper
        authorization; (iii) attempting to interfere with service to any user, host or
        network, including, without limitation, by way of submitting a virus to, or
        overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, the Web Site;
        (iv) sending unsolicited e-mail, including promotions and/or advertising of
        products or services; or (v) forging any TCP/IP packet header or any part of
        the header information in any e-mail or posting. Violations of system or
        network security may result in civil or criminal liability. Fastcase will
        investigate occurrences that may involve such violations and may involve, and
        cooperate with, law enforcement authorities in prosecuting users who are
        involved in such violations.
      4. Service Restrictions, Alterations and Terminations. Fastcase shall
        not be responsible for any delays or interruptions of, or errors or omissions
        contained in, the Service. Fastcase reserves the right, but shall not be
        required, to correct any delays, interruptions, errors or omissions. Fastcase
        may discontinue or alter any aspect of this Service, including, but not limited
        to: (i) restricting the time of availability, (ii) restricting the availability
        and/or scope of the Service for certain users, (iii) restricting the amount of
        use permitted, and (iv) restricting or terminating any user’s right to use this
        service, at Fastcase’s sole discretion and without prior notice or liability.
      5. Linking to Fastcase. You may provide links to Fastcase from locations
        from locations outside Fastcase provided (a) you link only to the home page
        www.fastcase.com        , (b) you do not remove or obscure, by framing or
        otherwise, advertisements, the copyright notice or other notices in Fastcase,
        (c) you give provider notice of such link by sending an email message to
        info@fastcase.com         and (d) you discontinue providing links to Fastcase
        if notified by Fastcase.
    4. Ownership; Rights to Use
      1. Copyright Rights. You acknowledge that, other than original
        government works and other public domain materials, this Service contains
        information, graphics and other material (collectively, “Content”) that are
        protected by copyrights, trademarks, trade secrets or other proprietary rights,
        and that these rights are valid and protected in all forms, media and
        technologies existing now or hereinafter developed. Fastcase owns a copyright
        in the selection, coordination, arrangement and enhancement of such Content.
        You may not modify, publish, transmit, participate in the transfer or sale,
        create derivative works, or in any way exploit, any of the Content, in whole or
        in part. You may not upload, post, reproduce or distribute Content protected by
        copyright, or other proprietary right, without obtaining permission of
        Fastcase.
      2. Trade and Service Mark Rights. All rights in the product names,
        company names, trade names, logos, product packaging and designs of all
        Fastcase..COM or third-party products or services, whether or not appearing in
        large print or with the trademark symbol, belong exclusively to Fastcase or
        their respective owners, and are protected from reproduction, imitation,
        dilution or confusing or misleading uses under national and international
        trademark and copyright laws. The use or misuse of these trademarks or any
        materials, except as permitted herein, is expressly prohibited and nothing
        stated or implied on this Service confers on you any license or right under any
        patent or trademark of Fastcase or any third party.
      3. Notice of Copyright Infringement. If you believe that your work has been
        copied and is accessible on this Service in a way that constitutes copyright
        infringement, please provide Fastcase’s Copyright Agent with the following
        information:

        1. identification of the copyrighted work claimed to have been infringed;
        2. identification of the allegedly infringing material on the Service that is
          requested to be removed;
        3. your name, address and daytime telephone number, and an e-mail address if
          available, so that Fastcase may contact you if necessary;
        4. a statement that you have a good faith belief that the use of the
          copyrighted work is not authorized by the copyright owner, its agent, or the
          law;
        5. a statement that the information in the notification is accurate, and under
          penalty of perjury, that the signatory is authorized to act on behalf of the
          owner of an exclusive copyright right that is allegedly infringed; and
        6. an electronic or physical signature of the copyright owner or someone
          authorized on the owner’s behalf to assert infringement of copyright and to
          submit the statement.

        Fastcase’s Copyright Agent for Notice of claims of copyright infringement on the
        Service is Dr. Philip J. Rosenthal, who may be reached as follows:

        Dr. Philip J. Rosenthal
        Fastcase, Inc.
        1155 15th Street, NW
        Suite 1000
        Washington, DC 20005
        (703) 740-5920
        phil@fastcase.com

        Fastcase will remove any posted submission which infringes the copyright of any
        person under the laws of the United States upon receipt of such a statement
        (or, more specifically, any statement in conformance with 17 U.S.C. ยง
        512(c)(3)). United States law provides significant penalties for submitting
        such a statement falsely.

    5. Usernames, Passwords and Security.
      1. Your User Identity. Your username and password will be your identity
        for purposes of interacting with Fastcase and other users through the site.
      2. Username, Passwords, and Password Access. You shall keep
        confidential, shall not disseminate, and shall use solely in accordance with
        this Agreement, your username and password for the Service. You shall
        immediately notify Fastcase if you learn of or suspect: (i) any loss or theft
        of your username or password, or (ii) any unauthorized use of your username or
        password or of the Service. In the event of such loss, theft, or unauthorized
        use, Fastcase may impose on you, at Fastcase’s sole discretion, additional
        security obligations.
      3. Security Breaches and Revision. If any unauthorized person obtains
        access to the Service as a result of any act or omission by you, you shall use
        your best efforts to ascertain the source and manner of acquisition and shall
        fully and promptly brief Fastcase. You shall otherwise cooperate and assist in
        any investigation relating to any such unauthorized access.
    6. Responsibility for Content; Other Representations, Warranties and Covenants.
      1. Fastcase. Fastcase shall not be responsible for any use that is or
        is not made of the Service. Without limiting the foregoing, Fastcase makes no
        representations, warranties or covenants regarding, and does not guarantee, the
        truthfulness, accuracy, relevancy, or reliability of any information or other
        material that are communicated through, or posted to, the Service. You
        acknowledge that any reliance on information or other material communicated
        through, or posted to, the Service will be at your own risk.
      2. Links to Third-Party Services. This Service may contain links to
        other Services (“Linked Services”). The Linked Services are not under the
        control of Fastcase and Fastcase is not responsible for the contents of the
        Linked Services, including, without limitation, links contained on Linked
        Services, or any changes or updates to Linked Services. Fastcase is providing
        Linked Services to you only as a convenience, and the inclusion of such Linked
        Services is not an endorsement by Fastcase in favor of any company offering
        Internet services, products or services on the Linked Services.
      3. DISCLAIMER OF WARRANTY. YOU AGREE THAT USE OF THE SERVICE IS
        ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF
        ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON
        RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE
        OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY
        THROUGH THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Fastcase
        DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF
        MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST
        INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS,
        (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE
        SERVICE, OR ANY PARTY THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR
        DELIVERY OF THE SERVICE, AND (v) WARRANTIES OTHERWISE RELATED TO PERFORMANCE,
        NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY Fastcase OR ANY THIRD PARTY.
      4. LIMITATION OF LIABILITY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY
        DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
        INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
        VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
        TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
        BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY
        ACKNOWLEDGE THAT Fastcase IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR
        ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY
        FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER Fastcase NOR ANY OF ITS
        PARTNERS, AGENTS, EXECUTIVES, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE
        LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
        WHATSOEVER ARISING OUT OF USE OF THIS SERVICE OR INABILITY TO GAIN ACCESS TO OR
        USE THIS SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE
        THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON Fastcase.
    7. Indemnification. Upon a request by Fastcase, you agree to defend,
      indemnify and hold harmless each of Fastcase, its partners, agents, executives,
      directors, employees and affiliates from any claims and expenses, including
      reasonable attorney’s fees and court costs, arising out of or related to any
      violation by you, or any partner, agent, employee or affiliate of you, of this
      Terms of Service or your use of the Service.
    8. Privacy Policy. You agree and consent to the terms of the Fastcase
      Online Privacy Policy, a copy of which you should review by clicking here.
    9. Choice of Law and Forum. This Agreement shall be construed and
      controlled by the laws of the Virginia. By using this service you agree that
      any dispute arising from or related to the terms of this agreement will be
      governed by the laws of the Virginia, without regard to its choice of law
      provisions. By using this service, you agree to personal jurisdiction by the
      state and federal courts sitting in Virginia.
    10. Arbitration. Fastcase at its sole discretion may submit any
      controversy or claim arising out of or relating to these Terms of Service to
      binding arbitration conducted before one arbitrator who is knowledgeable in
      computer and cyberspace law. The site of any such arbitration will be in
      Virginia or the District of Columbia. The arbitration will be conducted in
      accordance with the then applicable Commercial Arbitration Rules of the
      American Arbitration Association. The award rendered by the arbitrator will be
      binding and conclusive on the parties and judgment upon such award may be
      entered in any court having jurisdiction thereof. Each party will bear its own
      costs and expenses, including fees and expenses of counsel, associated with the
      arbitration. The arbitrator will not be empowered to award punitive damages to
      either party. California users may also contact the Complaint Assistance Unit
      of the Division of Consumer Services of the Department of Consumer Affairs at
      400 R Street, Sacramento, California 95814 or 1-800-952-5210 or (916) 445-1254.
    11. Severability. If any provision of these Terms of Service is held
      to be invalid or unenforceable, such provision shall be struck and the
      remaining provisions shall be enforced.
    12. Entire Agreement. This Agreement constitutes the entire agreement
      between the parties with respect to the subject matter contained herein and
      supersedes all previous and contemporaneous agreements, proposals and
      communications, written or oral, between Fastcase representatives and you. Upon
      notice published through this service or otherwise, Fastcase may modify this
      Agreement at any time. For members of the Virginia State Bar, Fastcase’s contract
      with the VSB dated January 25, 2006 contains provisions that supplement and revise
      this Agreement, which provisions shall apply at the member’s option.
    13. Additional Terms. Other Provisions that govern your use of
      Fastcase are set forth in online notices appearing in connection with certain
      information, products, software, services, or features of Fastcase
      (collectively the “Additional Terms”), all of which are incorporated by
      reference herein. Your use of any information, products, software, cervices, or
      features of Fastcase that are subject to Additional Terms constitutes your
      acceptance of the respective Additional Terms.