Last Revised on Oct 01, 2022
Welcome to the End User Terms of Service (these “Terms”) for the website www.casolve.com (the “Website”). The Website and any material, services, tools, features, and functionality supplied on or via our Website, including the Casolve Services (the services provided on this Site, and any service, software, application, plug-in, component, functionality, or program developed by Casolve given to a Subscriber, are collectively referred to as the “Services.”More details related to services can be found in the subscription agreement.
These Terms govern your access to and use of the Services. Please read these Terms carefully as they include crucial information regarding your legal rights. By accessing and/or using the Services, you agree to these Terms. Please do not use the Services if you do not understand or agree to these Terms.
In these Terms, “you” and “your” refer to you as the user of the Services. If you use the Services on behalf of a company or other entity, “you” includes both you and that entity, and you represent and warrant that (a) you are the entity’s authorized representative with the authority to bind the entity to these Terms, and (b) you agree to these Terms on behalf of the entity.
- WHO MAY USE THE SERVICES
- To use the Services, you must be at least 18 years old. You represent and warrant that you fulfill these criteria by using the Services.
- If you have been permitted to use the Services by a paying client of the Services (such as your employer), that Subscriber has individually consented to our Subscription Agreement or entered into a contractual agreement with us or our affiliate(s) (in either event, the “Subscription Agreement”). The Subscriber has allowed you and other users to use the Services as an authorized user of the Subscriber (an “Authorized User”) under the terms of that Subscription Agreement. When an Authorized User (which includes you) sends material or information to the Services, such as messages or files (“Subscriber Data”), you recognize and agree that the Subscriber owns the Subscriber Data. The Subscription Agreement gives the Subscriber a lot of options and control over the Subscriber Data and your usage of the Services as the Subscriber’s Authorized User. Subscriber, for example, can limit your access to the Services, allow or disable third-party integrations, and modify permissions, retention, and export options. Unless you get the Services independently in your own capacity, your choices and instructions may result in your inability to access any or all of the Services and Subscriber Data as an Authorized User.
- USER ACCOUNTS
- Creating and Protecting Your Account You must first establish an account (“Account”) in order to utilize the Services. You promise to supply us with accurate, full, and up-to-date account information. If you submit false, inaccurate, out-of-date, or incomplete information, or if we have reasonable grounds to believe that such information is false, inaccurate, out-of-date, or incomplete, we may suspend or terminate your account and reject any and all current or future use of the Services (or any portion thereof). You are entirely responsible for any activity on your Account and for keeping your password safe and secure. We are not responsible for any actions or omissions in connection with your Account. You may not grant any third party access to or use of the Services on your behalf. You are entirely responsible for any actions that occur under your user ID or password. If you know or believe that your Account or password has been stolen, misappropriated, or otherwise compromised, or if there is any real or suspected unauthorized use of your Account, you must immediately contact us at [email protected]. Casolve cannot and will not be held accountable for any loss or damage caused by the unauthorized use of your account. Unless we grant explicit approval otherwise, you agree not to create any Account if we have previously removed you or banned you from any of our Services.
- CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION
By registering with casolve.com, you agree that we may send you communications or data from casolve.com regarding the Services via electronic mail, 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 about casolve.com’s products and services. We offer you the option of opting out of getting an electronic mail from us by following the opt-out instructions in the communication.
- RIGHTS WE GRANT YOU
The ability to use services. We thus grant you permission to use the Services solely for your personal use or as otherwise authorized in any Subscription Agreement that relates to your use of the Services, provided that you comply with these Terms in all such uses. If we distribute any software, content, or other materials owned or controlled by us as part of your use of the Services, we hereby grant you a personal, non-assignable, non-sublicensable, non-transferable, and non-exclusive right and license to access and display such software, content, and materials as part of the Services, in each case solely for the purpose of enabling you to use the Services as permitted by these Terms. Your access to and use of the Services may be stopped from time to time for a variety of reasons, including, but not limited to, equipment malfunction, periodic upgrading, maintenance, or repair of the Service, or other measures the Company, in its sole discretion, may choose to take.
- USER CONDUCT/ACCEPTABLE USE OF THE SERVICES
Unless relevant laws or regulations prohibit these limits or you have our express authorization, you may not conduct any of the following in connection with your use of the Services:
- Except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms, you may not download, modify, adapt, translate, copy, distribute, transfer, assign, pledge, rent, lease, loan, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale or resale any information contained on, or obtained from, the Services.
- duplicating, decompiling, deciphering, reverse engineering, disassembling, or decoding the Services (including any underlying idea or algorithm), or attempting to do so.
- Copyright, trademark, service mark, trade name, slogan, logo, picture, or other proprietary marking shown on or via the Services may not be used, reproduced, or removed.
- utilize automated software (bots), hacks, modifications (mods), or any other unauthorized third-party software designed to change the Services.
- use the Services for any commercial purpose, including sending or enabling any commercial advertisement or solicitation.
- obtain unauthorized access to the Services or their linked systems or networks.
- access or use the Services in any way that might disable, overburden, damage, disrupt, or impair the Services, interfere with any third party’s access or use of the Services, or use any device, software, or routine that does so.
- try to gain unauthorized access to, interfere with, damage, or disrupt the Services, other users’ accounts, or computer systems or networks connected to the Services.
- bypass, delete, modify, disable, impair, or defeat any technological or content safeguards of the Services.
- use any robot, spider, crawler, scraper, or other automatic devices, process, software, or queries to intercept, “mine,” scrape, extract, or otherwise access the Services in order to monitor, extract, copy, or collect information or data from or through the Services, or engage in any manual process to do the same.
- introduce any malicious or technologically damaging viruses, trojan horses, worms, logic bombs, or other items into our systems.
- submit, transmit, display, perform, post, or store any content that is inaccurate, illegal, defamatory, obscene, invading privacy or publicity rights, deceptive, or otherwise objectionable.
- use or try to use or access the Services for any fraudulent reasons.
- Use the Services if you are a direct or indirect competitor of the Company.
- in connection with your access to or use of the Services, violate or attempt to violate any applicable law or regulation; or
- You may not access or use the Services in any way that is not expressly authorized by these Terms.
- Unauthorized use of the casolve.com service, or resale of said service, is expressly forbidden without our prior written approval. You agree not to copy, sell, transfer, distribute, publish, or assign your license to our services to any third party in any format. Furthermore, you are not permitted to use the Services in any way that violates relevant federal, provincial, or international law, or for any illegal purpose. Furthermore, you may not use the Services to send, receive, or download communications or materials that are improper or infringe on casolve.com’s or others’ intellectual property rights.
6. OWNERSHIP AND CONTENT
- Control over the Services. Copyright, trademark, and other intellectual property laws protect the Services, including its “look and feel” (e.g., text, graphics, pictures, logos), proprietary content, information, and other assets. You acknowledge and agree that the Company and/or its licensors hold all rights, titles, and interests in and to the Services (including any and all intellectual property rights therein), and you agree not to take any action(s) that are inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (excluding Your Content), including the sole right to make derivative works.
- Trademark ownership. The Company’s name, trademarks, logo, and any associated names, logos, product and service names, designs, and slogans are registered trademarks of the Company or its affiliates or licensees. Other brands, trademarks, product and service names, designs, and slogans appearing on the Services are the property of their respective owners, who may or may not be linked, connected, or supported by us.
- Feedback ownership. We appreciate feedback, criticisms, and recommendations for service improvements (“Feedback”). You fully realize and agree that any donation of Feedback does not and will not create or grant you any right, title, or interest in the Services or any such Feedback. All Feedback becomes the Company’s entire and exclusive property, and the Company may use and disclose Feedback in any form and for any purpose whatsoever, with no additional notice or compensation to you, and without your retention of any proprietary or other right or claim. You thus give to the Company any and all right, title, and interest you may have in and to any and all Feedback (including, but not limited to, any patent, copyright, trade secret, trademark, know-how, moral rights, and any and all other intellectual property rights).
- Your Content License Grant. You may be able to post, upload, or submit content to be made accessible via the Services (“Your Content”) as part of your use of the Services. In order to operate the Service, we must acquire certain license rights in Your Content from you, so that our actions in operating the Service are not deemed illegal. Consequently, by using the Service and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, such as ensuring that content is viewable on smartphones as well as computers and other devices) Your Content, but only to the extent necessary to operate and provide the Services. You agree that these rights and licenses are royalty-free, transferable, sub-licensable, worldwide, and irrevocable (so long as Your Content is stored with us), and include a right for us to make Your Content available to others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise allow access to or disclose Your Content to third parties. As part of the foregoing license grant, you agree that other users of the Services shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify, or include a copy of Your Content as part of their own use of the Services; with the exception of Your Content that you post privately for non-public display on the Services. The Company maintains the right and has ultimate discretion, to remove, filter, edit, or delete any of Your Content at any time, for any reason, and without notice, to the maximum extent authorized by applicable law. By publishing or submitting Your Content via the Services, you represent and warrant that you own or have obtained all necessary rights, licenses, consents, approvals, power, and/or ability to grant the rights granted herein for Your Content. You agree that Your Content will not contain any content subject to copyright or other proprietary rights unless you have the required authorization or are otherwise legally permitted to upload the content and grant us the license mentioned above.
- Policy on Notification of Infringement under the Copyright Act. If you believe that any text, graphics, photos, audio, videos, or other materials or works uploaded, downloaded, or otherwise appearing on the Services have been copied in a manner that constitutes copyright infringement, you may submit a notification to our copyright agent by providing the following information in writing:
- Identification of the allegedly infringed upon copyrighted work
- Identification of the allegedly infringing material together with a description of its location on the Service;
- Please provide our copyright agent with your contact information, including an address, telephone number, and email address.
- a declaration that you believe, in good faith, that the allegedly infringing use is not permitted by the copyright holder, its agent, or the law;
- under penalty of perjury, a declaration that the above information is correct and that you are the copyright owner or an authorized representative of the copyright owner; and
- The physical or electronic signature of an authorized representative of the owner of the allegedly infringed copyright or exclusive right.
Notices of alleged copyright infringement should be sent: by email to [email protected]. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the copyrights or intellectual property rights of others.
- THIRD-PARTY SERVICES AND MATERIALS. Utilization of Third-Party Content in the Services. Certain Services may display, incorporate, or make available content, data, information, applications, or other materials from third parties (“Third-Party Materials”) or provide connections to third-party websites. By using the Services, you accept that the Company is not responsible for reviewing or assessing the content, correctness, completeness, availability, timeliness, validity, copyright compliance, legality, decency, or any other element of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or obligation to you or any other person for any third-party services, Third Party Materials, third-party websites, or any other third-party materials, goods, or services. Links to other websites and materials from third parties are given only for your convenience.
- DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION.
- Accessing and utilizing the Services is at your own risk. You acknowledge and agree that the Services are made available “AS IS” and “AS AVAILABLE.” The Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, successors, assigns, consultants, suppliers, and licensors (the “Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT The Company Entities disclaim all responsibility and liability for (a) the completeness, accuracy, availability, timeliness, security, or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility of the Services with any other application or any particular system or device; and (d) whether the Services will meet your requirements. (e) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No oral or written advice or information gained from the Company Entities or via the Services shall establish any guarantee or representation not specifically set out herein.
- THE COMPANY ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATE, UPLOAD, POST, SEND, RECEIVE, OR STORE ON OR THROUGH OUR SERVICES.
- YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MAY BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, FOR WHICH THE COMPANY IS NOT RESPONSIBLE.
- Utilize API Keys. You understand and agree that if the Company allows you access to any casolve API, you are solely responsible for the acts of any individual or organization with whom you share such API access.
- Utilize the Calendar and Case Functions. You understand that you are solely responsible for: (I) your own appropriate data input; (ii) maintaining any and all calendar/Case entries; and (iii) your own specified deadlines, including but not limited to statutory deadlines if you utilize the Casolve calendar and cases tool. The Company is not liable for any improper use of the calendar and Case functionality or any difficulties arising from such usage.
- Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER, CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS IN ITS ESSENTIAL PURPOSE.
- Indemnification. By entering into these Terms and accessing or using the Services, you agree to defend, indemnify, and hold harmless the Company Entities from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) Your Content, (e) your negligence or willful misconduct If you are obligated to indemnify any Company Entity under this Agreement, you agree that Company (or, at its discretion, the applicable Company Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Company wishes to settle, and on what terms, and you agree to fully cooperate with Company in the defense or settlement of such claim.
- ADDITIONAL PROVISIONS
- Revamping These Terms. We reserve the right to alter these Terms at any time, in which case we shall revise the “Last Revised” date shown at the top of these Terms. If we make significant changes, we will make reasonable attempts to tell you, such as through e-mail and/or a conspicuous notice on the homepage of the Website. However, it is your exclusive obligation to examine these Terms periodically for any modifications. The revised Terms will become effective at the moment of publishing, or at a later date stated in the revised Terms. Your continued access to or use of the Services following the revisions’ entry into force will constitute your acceptance of the new Terms.
- The expiration of your license and account. If you violate any of these terms, the Company shall instantly revoke any rights granted to you. In addition, the Company may suspend, deactivate, or delete your Account and/or Services (or any portion thereof) for any or no reason, with or without notice. If the Company deletes your Account due to a suspected violation of these Terms, you may not re-register for the Services under a new name. In the case of Account cancellation for any reason, the Company may remove Your Content, but is not bound to do so. The Company is not responsible for the deletion or failure to remove Your Content. All provisions that, by their terms, should survive termination of these Terms shall remain in full force and effect notwithstanding any termination of these Terms by the Company or you. The termination will not limit the Company’s other legal or equitable rights or remedies.
- Injunctive Assistance. You agree that a breach of these Terms will cause irreparable harm to the Company, for which monetary damages would not be an adequate remedy, and that the Company shall be entitled to equitable relief in addition to any remedies it may have under these Terms or at law, without posting a bond or providing other security or proof of damages.
- Miscellaneous. If any section of these Terms is determined to be illegal, invalid, or unenforceable for any reason, that provision shall be deemed severable from these Terms and shall not impact the validity and enforceability of the other terms. These Terms and the rights granted under them may be assigned by the Company, but you may not assign them without the Company’s prior explicit written approval. No waiver by either party of any breach or default herein shall constitute a waiver of any prior or future breach or default. The section headers used in this document are for convenience only and should not be construed as having legal significance. In Canada, we run the Services. Those who access the Services from areas outside Canada do so voluntarily and are responsible for compliance with local laws. Please note that additional municipal, provincial, national, and international laws may apply to your use of the Services. You expressly agree that the courts of Ontario have exclusive jurisdiction over any claim or dispute with casolve.com or relating in any way to your use of the Services, and you further agree and expressly consent to the exercise of personal jurisdiction in those courts in connection with any such dispute, including any claim involving casolve.com or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
- How to Contact Us. You may contact us regarding the Services or these Terms at: [email protected].