SMARTCASE TERMS OF USE

1.1  YOU MUST READ THESE SMARTCASE, INC. TERMS OF USE ("TERMS") CAREFULLY.

SMARTCASE, INC. PROVIDES THIS WEBSITE TO YOU, YOUR LAW FIRM, YOUR EMPLOYEES AND AGENTS, (COLLECTIVELY "YOU"), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN SMARTCASE, INC. AND YOU, AND YOU ACCEPT THEM BY: (a) PURCHASING ACCESS TO THE WEBSITE; (b) ACCESSING OR USING THE WEBSITE IN ANY MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

1.2  This website ("Website") includes but is not limited to: (a) SMARTCASE, INC.'s SmartCase application; (b) other portions of the SMARTCASE, INC. website; (c) information such as technical, contractual, product, program, pricing, marketing, and other valuable information ("Information"); and (c) content such as data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"). SMARTCASE, INC. makes no representation that this Website is appropriate or available for use in all locations. If You are using the Website on behalf of Your employer, or Your law firm, You represent and warrant that You are authorized to accept these Terms on Your employer's or law firm's behalf, and that Your employer and/or Your law firm agrees to indemnify You and SMARTCASE, INC. for violations of these Terms.

2.  YOUR OBLIGATIONS AND CONDUCT

2.1  In consideration of Your use of the Website, You agree to: (a) provide accurate, current, and complete information about You as may be prompted by a registration or order form on the Website (the "Registration Data"); (b) pay all transactions in advance by credit card, and no refunds will be given for the monthly subscription fee if cancelled within the same month; (c) maintain the security of your password and identification; be responsible for all uses of your username and password, whether or not authorized by You; and notify SMARTCASE, INC. of any unauthorized use of your username or password and accept responsibility for any fees incurred or actions taken by anyone using Your username and password; (d) maintain and promptly update the Registration Data, and any information You provide to SMARTCASE, INC., to keep it accurate, current and complete; and (e) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website.

2.2  If You wish to cancel Your subscription, You must select Account Preferences and Cancel My Subscription. No other method will be effective to cancel Your subscription. All data and images relating to Your account will be maintained by SmartCase for three (3) months, beginning with the first day of the month following Your cancellation, in an inactive status. If You choose to re-subscribe prior to the end of the three (3) month period, Your account will be re-activated at no charge. If You choose to re-subscribe after the three (3) month period has expired, applicable, then-current data storage fees will be charged to re-activate the data to Your account.

2.3  You are entirely responsible for all documents that You download or otherwise obtain via the Website.

2.4  You agree not to upload, post or otherwise transmit via the Website Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to SMARTCASE, INC. or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. SMARTCASE, INC. reserves the right to edit or remove Content that violates these Terms.

2.5  You agree that You will not use the Website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be SMARTCASE, INC. or someone else, or spoof SMARTCASE, INC.'s or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users. You may not use any robot, spider or use any robot, spider or other automated device to monitor or copy the Content or Information without the express written permission of SMARTCASE, INC.

3.  INDEMNITY

You agree to indemnify and hold SMARTCASE, INC., its officers, directors, agents, employees, contractors and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Content, Your use of or connection to the Website (including any use by You on behalf of Your employer or law firm), or Your utilization of any plaintiff-related medical documents viewed, downloaded or otherwise obtained via the SMARTCASE, INC., Website, Your violation of the Terms, or Your violation of any rights of another.

4.  NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS

SMARTCASE, INC. may provide notice to You via email, regular mail, or posting notices or links to notices on the Website. SMARTCASE, INC. reserves the right at any time to modify, suspend or terminate access to the Website (or any part thereof), and/or Your use of or access to them, with or without notice. SMARTCASE, INC. may also delete, or bar access to or use of, all related Information and files. SMARTCASE, INC. will not be liable to You or any third-party for any modification, suspension, or termination of such access, or loss of related information. SMARTCASE, INC. may amend these Terms at any time by posting the amended terms on this Website.

5.  INTELLECTUAL PROPERTY RIGHTS

5.1  Except as expressly authorized by SMARTCASE, INC., You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software SMARTCASE, INC. or one of its affiliates discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.

5.2  "SMARTCASE, INC. Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations SMARTCASE, INC. or one of its affiliates uses in connection with its products and services.

5.3  Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by SMARTCASE, INC. or one of its affiliates on this Website provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "Used with permission") is added to such Content; (b) the use of such Content is solely for your own use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this Section. Upon termination, You must immediately destroy any downloaded and/or printed Content.

6.  DISCLAIMER OF WARRANTIES

6.1  YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION AND CONTENT (AS DEFINED IN SECTION 1.2) IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. SMARTCASE, INC. DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SMARTCASE, INC. MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY, TIMELINESS OR COMPLETENESS OF THE WEBSITE.

6.2  SMARTCASE, INC. MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.

6.3  YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

7.  LIMITATION OF LIABILITY

7.1  TO THE FULL EXTENT PERMITTED BY LAW, SMARTCASE, INC. IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED RECORDS OR DOCUMENTS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF SMARTCASE, INC. HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) 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 WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.

7.2  TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

8.  GENERAL TERMS

8.1  The Terms constitute the entire agreement between You and SMARTCASE, INC. relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized SMARTCASE, INC. representative. You must not assign or otherwise transfer the Terms or any right granted hereunder.

8.2  While SMARTCASE, INC. provides server space for storage of imaged documents commensurate with the anticipated needs of SmartCaseone and SmartCasepro users. SMARTCASE reserves the right to charge You applicable, then-current data storage fees at SMARTCASE's discretion.

8.3  You agree that any material breach of Sections 2, 3, 4, and 5 of the Terms will result in irreparable harm to SMARTCASE, INC. for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, SMARTCASE, INC. will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if SMARTCASE, INC. seeks such an injunction.

8.4  Ohio law and controlling U.S. federal law govern any action related to the Terms and/or Your use of the Website. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms. You and SMARTCASE, INC. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cuyahoga, Ohio, U.S.A.

8.5  The Website may contain links to other websites. SMARTCASE, INC. has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of other websites. Any such links do not necessarily constitute an endorsement of or any representation regarding the linked website, its content, its owner, its performance, or its owner’s products or services.

8.6  Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.