TERMS OF USE
PRECASE.COM
Welcome to PreCase, an online service that connects Clients and Attorneys. By using the PreCase.com Website (“Website”) and Service (“Service”) you signify that you have read, understand, and agree to be bound by the Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Any changes to the Terms of Use will be posted to the Website and the change via the effective date posted at the top of the page. Unless otherwise provided in our Agreement, all amended terms automatically take effect upon acceptance by new Website users. For all other users, continued use of the Website for thirty (30) days after any and all changes will constitute acceptance of the modified and amended Terms of Use. If you do not agree with this policy or care to abide by these or any future Terms of Use, please do not use PreCase.com. It is the user’s responsibility to review the Terms of Use.
ELIGIBILITY
Any User of the Website represents and warrants that they have the right, authority, and capacity to agree to and to abide by all of the terms and conditions of the Terms of Use. User also represents that they are able to form legally binding contracts and are over the age of eighteen (18).
CONFIDENTIALITY
Any and all information provided any User of the Website shall be transmitted to PreCase for review. Upon submission of information the User shall receive an electronic notification reflecting the review is under way. Within twenty-four (24) hours the User shall receive an email indicating that the case has been reviewed. Upon review, the User will receive an attorney contact link email as selected by PRECASE as a referral source. All information provided by the User to PRECASE is confidential and private and will not be disclosed to any third parties outside of the referral source attorney without the express written consent of the User.
PRECASE reserves the right to suspend or terminate any User account for suspicious activity, including but not limited to, group usage, concurrent login sessions, usage from a range or variety of IP addresses, suspected non personal use, corporate use, or any other act deemed to be a violation of these terms of use or otherwise deemed in conflict with the purpose of the service at the sole discretion of PRECASE.
USER CONDUCT
User confirms, understands, and agrees to the following: that the Website is available for the specific use of an attorney referral services. User confirms that no materials and information submitted via their account will violate or otherwise infringe upon the rights of any third party, including but not limited to copyright, trademark, privacy, and any other personal or proprietary rights; or contain libelous, defamatory, discriminatory, or otherwise unlawful materials. User will not use automated scripts to collect information from the Website or for any other purpose. And User will not use the Website in any unlawful manner or in any other manner that could damage and impair the Website. As a condition of your use of the Website, you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of PRECASE
In addition, user agrees not to use the Website to:
Any violation of the terms listed herein shall lead to permanent suspension of usage of the site and any other remedies available under the laws of State of Illinois both civil and criminal.
PROPRIETARY RIGHTS
All content on the Website herein, including but not limited to design, text, graphics, other files, media, and their arrangement (“Content”), are the proprietary property of PRECASE and its various licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or otherwise sold or disseminated by any means, in whole or in part, without the express written consent of PRECASE. You may not republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation in whole or in part, without the express written consent of PRECASE. Any other use of the Content is strictly prohibited without the express written consent of PRECASE.
All trademarks, logos, copyrights, service marks or other exclusive trade rights owned by PRECASE or otherwise located on the Website owned by PRECASE or its licensors may not be copied, imitated, or used, in whole or in part, without the express written consent and permission of PRECASE.
COPYRIGHT
PRECASE respects the intellectual property of others. If you believe that your rights have been infringed by content appearing on PreCase.com or any information or work has been copied in a way that constitutes copyright infringement or you are otherwise aware of any infringing material on the Website, please email us at info@PreCase.com and include the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written affidavit signed by you that that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and that under the penalty of perjury, that the above information in your affidavit is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
WEBSITE LINKS
The Website contains links to other websites. PRECASE is not responsible for the content, accuracy or opinions expressed in any and all linked websites. By including linked websites, PRECASE does not imply approval or endorsement of said linked websites by PRECASE.
DISPUTES
PRECASE is not a dispute resolution website. It is a referral website and is not obligated in any way to resolve disputes or claims. PRECASE itself is not an attorney and is not offering a legal opinion of any claim, cause of action, transaction, or case. The sole purpose is to refer the claim to an attorney or group of attorneys to evaluate a potential claim, cause of action, transaction, or case.
As PRECASE is a referral source and venue, in the event that the User has a dispute with a referred PRECASE attorney, the User hereby and forever releases PRECASE, its affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
If a dispute arises between User and PRECASE, User and PRECASE agree to resolve any controversy at law or in equity that arises out of this Agreement (a “Claim”). PRECASE will consider requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. To make such a request please contact us at info@PreCase.com and write “Dispute Resolution” in the subject line.
PRIVACY
The PRECASE Privacy Policy is available throughout the website. PRECASE views the protection of Users’ privacy as an extremely important principle and will only use your information as described in the Privacy Policy. PRECASE does not sell, distribute, rent, or otherwise elicit your personal information to third parties for marketing purposes without your explicit consent. PRECASE stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. As previously stated, PRECASE is a referral website and holds all information as confidential and private and does not disseminate said private information disclosed by User to Precase to any third parties other than the referral attorney.
DISCLAIMER
PRECASE is not responsible for the conduct whether offline or online of any User of the Website. The Website or parts of the service may be temporarily unavailable from time to time for maintenance or other reasons. PRECASE does not maintain responsibility or liability for an error, omissions, interruption, deletion, delay, failure, theft, destruction, unauthorized access, or any other alteration or modification in User communication. PRECASE is not responsible for problems or other technical malfunction that results in injury or damage to Users or to any other person’s computer, software, or other equipment related to or resulting from participating or downloading materials in connection with the Web and/or in connection with this Service. Under no circumstances will PRECASE be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Renters.
The Website, the service and the content are provided “as-is” and PRECASE disclaims any and all warranties, whether express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose, non-infringement or any other applicable warranty under the law. PRECASE cannot guarantee and does not promise any specific result from use of the Website and/or the service.
NOTICE
Except as explicitly stated otherwise, legal notices shall be served to PreCase.com registered agent. Notice to Users and Referring Attorneys shall be based upon the email address provided to PRECASE during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
GOVERNING LAW
Any and all disputes regarding and relating to the Website and/or the Service, will be governed, construed, and in accordance with the laws of the State of Illinois without regard to conflict of law provisions that may apply. Any action to enforce this document shall be brought in the Circuit Court of Cook County, State of Illinois and User waives all defenses of lack of personal jurisdiction and forum non conveniens. Any cause of action by User with respect to the Website and/or the Service must be instituted within one (1) year after the cause of action arose or will be forever waived and barred.
Arbitration Option. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. In the event a party elects arbitration, he/she shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims. All Claims User brings against PRECASE must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed.
For any and all claims as instituted in relation to this Agreement and the Terms of Use listed herein PRECASE shall have the right to recover its attorney’s fees and costs for any and all claims, actions, or other legal proceedings instituted or filed.
INDEMNITY
User agrees to indemnify and hold PRECASE, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, court costs and other costs of collection made by any third party due to or arising out of User breach of this Agreement or User violation of any law or the rights of a third party; or incurred by PRECASE as a result of User default under this Agreement.
LIABILITY
In no event will PRECASE be liable to the User or any third person for any indirect, consequential, incidental, special punitive, or other particular damage, including lost profits arising from your User’s use of the Website or Service.
User, hereby waives its rights to a trial by just in any action arising out of this website, its Terms of Use, Service or any other action between User and PRECASE.
MISCELLANEOUS
These Terms of Use constitute the entire agreement between User and PRECASE and supersedes any prior agreements written and oral between User and PRECASE relating to your use of the Website or the Service. The failure of PRECASE to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use, Privacy Policy, other terms listed herein are held invalid, the remainder of this Agreement shall continue in full force and effect.
By using this Website and agreeing to the Terms of Use, Users are also agreeing to abide by the PRECASE Privacy Policy and all other agreements and policies posted on PRECASE. PRECASE can refuse service to anyone and terminate a User’s account at any time. Headings are for reference purposes only and do not limit the scope or extent of such section. PRECASE’s failure to act with respect to a breach by Users does not waive PRECASE’s right to act with respect to subsequent or similar breaches. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. From time to time PRECASE may send emails regarding its products and services, or shall call Users regarding PRECASE products and services, and you hereby expressly consent to receiving such emails, and telephone calls.
SEVERABILITY
Whenever possible, each provision of the Terms of Use, Privacy Policy, other terms listed herein shall be interpreted in such manner as to be effective and valid under applicable law. If there is any provision herein or the application thereof to any party or circumstance which shall be prohibited by or deemed invalid under applicable law, such provision shall be ineffective to the minimal extent of such prohibition or invalidity and will not invalidate the remaining provisions herein or the application of such provisions to the other party or circumstances.
