SERVICE AGREEMENT

This SERVICE AGREEMENT (“Agreement”) is a contract between you (“Customer”) and Case-A-Day Corporation (“Corporation”). You must read, agree with and accept all of the terms and conditions contained in this Agreement to become a Customer of the Corporation and receive the Case-A-Day Legal™ Summary Service (“Service”). Your use of the Service shall be deemed acceptance of all the terms set forth in the Agreement. Corporation may revise this Agreement with 30 days’ prior notice by posting notice on the “Policy Updates” page of our website. Any revision of this Agreement shall apply to your continued use of the Service.

1. CASE-A-DAY LEGAL™ Summary Service; NOT LEGAL ADVICE. In consideration for your payment of the Service fee and compliance with the terms and conditions of the Agreement, Corporation will provide you with summaries of published Indiana appellate court criminal cases (“Summaries”) via email delivery using Microsoft Word and provides to you a limited license to access Summaries on your own computer and print one copy for your own personal or professional use. Under no circumstances shall Corporation be deemed to be rendering any legal advice to you, or any customer, person and/or entity. You must have a functional email address and the ability to open and view Microsoft® Word and/or Adobe® PDF documents in order to use this Service. The Service does not include the following: (a) any case that is not an Indiana case; (b)“Not for publication” cases; (c) civil cases; (d) administrative law cases; (e) federal cases; and (f) any case that is not a published Indiana criminal appellate court case. Generally, Corporation will provide the Summaries on a daily basis during the workweek, Monday-Friday, weekends and holidays excluded. While Corporation will attempt to provide one summary each such day, due to uneven posting by the Indiana Appellate Courts, Corporation does not guarantee one case per day. There will be days when you may receive no summary. Additionally, if a case is deemed legally insignificant by Corporation, in its sole discretion, no summary will be provided. The timing of the Summaries depends on the length and complexity of the case summarized. While Corporation’s goal is to provide the Summaries as quickly as possible, Corporation does not guarantee next day service. Moreover, no guarantee is made regarding timing of the Summaries relative to the publication or posting of a case by the Indiana Appellate Courts.

2. Payment and Pricing. In consideration of your payment of the Service fee of three hundred and sixty dollars ($360) and your compliance with the terms and conditions of this Agreement, Customer will receive the Service for a period of one (1) year. In the event Corporation terminates this Agreement, Customer will receive a monthly pro-rated refund of the unused portion of the Service fee, without interest. The Service fee excludes all taxes. Payment of the Service fee is due upon acceptance of this Agreement. Payment will be accepted through PayPal only. Customer agrees that, upon any reversal or chargeback of the credit card payment made to Corporation, this Agreement will be terminated and Corporation shall have no other or further obligations to Customer.

3. Intellectual Property. You acknowledge that materials available on Corporation’s website and through e-mail are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights (“Intellectual Property”) and are owned by Corporation or are used by permission. You may print copies of the Summaries only as authorized under this Agreement, and you may not modify the Summaries in any way, or delete or change any copyright, trademark or other legal notices therein. No right, title or interest in any Summaries or other Corporation materials is transferred to you. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Summaries or other materials provided to you by Corporation. You may only use the materials and the Intellectual Property on the website as expressly permitted herein and for no other purpose. Corporation and the Corporation logo are registered trademarks of Corporation. Additionally, summaries, pages, headers, custom graphics, button icons and scripts are copyrights, trademarks, and/or trade dress owned by Corporation.

4. Restricted Activities. In connection with your use of the Service, you shall not do any of the following:

1. send email to another customer without the other customer’s express written permission;
2. forward a summary or information sent to you by Corporation without Corporation’s express written
3. act in a manner that is defamatory, libelous, unlawfully threatening or unlawfully harassing in connection with any use or misuse of the Service; or
4. facilitate any malicious computer activity which is harmful to the Service or attempt to interfere with our website or Service.

5. Termination. Corporation in its sole discretion, reserves the right to terminate this Agreement for any reason and at any time upon notice to you and return of the monthly pro-rated Service fee, excluding taxes and interest earned. In the event of your breach of this Agreement, including engaging in any restricted activities described above, Corporation may: terminate the Service; refuse to provide the Service to you in the future; keep the Service fee; and take legal action, appropriate in Corporation’s sole discretion. In the event your email is not functional for any reason, Corporation shall not have any responsibility to contact you regarding termination.

6. Limited Warranty. YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE AND E-MAILS (THE “CONTENT”) ARE PROVIDED “AS IS” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER CORPORATION NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.

7. Limitation of Liability and Assumption of Risk. CORPORATION’S LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ANY FEES YOU HAVE PAID FOR SERVICES HEREUNDER. UNDER NO CIRCUMSTANCES SHALL CORPORATION, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE OR FROM INFORMATION PROVIDED BY CORPORATION. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. CORPORATION’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW IN ANY JURISDICTIONS THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU ASSUME ALL RISKS INHERENT IN USING E-MAIL AND THE INTERNET WITH THE SERVICE AND SHALL NOT HOLD CORPORATION RESPONSIBLE FOR ANY VIRUS, TROJAN HORSE, WORM OR OTHER COMPUTER ROUTINES THAT MAY DAMAGE YOUR COMPUTER SYSTEMS. IT IS YOUR SOLE RESPONSIBILITY TO IMPLEMENT ANTI-VIRUS AND FIREWALL PROTECTION AGAINST THE KNOWN RISKS OF COMPUTER, E-MAIL AND INTERNET USE.

8. Indemnification. You agree to defend, indemnify, and hold Corporation and our subsidiary and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Service and/or website or the content therein. Corporation reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses and cover the reasonable legal fees and expenses.

9. Independent Contractor. Corporation is an independent contractor for all purposes. Neither party hereto shall represent that it has the authority, express or implied, to assume or create any obligation on behalf of the other party as agent or employee in any capacity. The parties agree that this Agreement does not establish a joint venture, partnership, or employment relationship.

10. Force Majeure. Corporation shall not be liable to you for any failure to perform, or delay in the performance of any obligations under this Agreement, when such failure to perform or delay in performance is caused by an event of force majeure, which is defined to include, but not be limited to, failure or malfunction of the internet or other technical service, war, rebellion, civil disturbance, earthquake, fire, flood, strike, lockout, labor unrest, acts of governmental authorities, shortage of materials, acts of God, acts of the public enemy or any other cause or condition beyond the reasonable control of the Parties. If any event of force majeure, Corporation shall extend its time for performance of its obligation by the time of such delay.

11. International Use. By choosing to access Corporation’s website or by using the Service from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. Corporation makes no representation that materials on the website and through the Service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.

12. Choice of Law; Venue. This Agreement shall be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Indiana without regard to conflicts of law. The courts located in Marion County, Indiana, shall constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this Agreement. You consent to the jurisdiction of such courts and irrevocably waive any jurisdictional objections, including on grounds of forum non conveniens. You further agree that any claim you bring against Corporation shall be in the small claims courts of Marion County, Indiana.

13. Notices. You agree that Corporation may provide notice to you by posting it on our website, by direct e-mail to the email address listed in your account or by mailing it to the street address listed in your account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three business days after it was sent. Notice to Corporation must be sent by certified U.S. mail, postage prepaid to: Case-A-Day Corporation, Attn: Legal Department, P.O. Box 20362, Indianapolis, IN 46220-0157.

14. Assignment. Except as specifically provided herein, Customer may not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of Corporation. Any such attempted assignment shall be null and void. This Agreement shall be binding upon and inure to the benefit of the parties’ respective successors and permitted assigns.

15. Links. Corporation’s website and e-mails may contain links to sites operated by third parties. The linked sites are not under our control, and we are not responsible for the contents of any linked site. Please review the linked site, and, if you do not agree to be bound by the terms governing that site, we recommend that you terminate your visit to that site. We provide links only as a courtesy, and such links do not imply our endorsement of any linked site.

16. Integration. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements, proposals and communications between the parties, written or oral, relating to the subject matter of this Agreement. This Agreement may be modified only as stated herein or by written agreement of both you and Corporation.