Casemasters Terms of Service

Casemasters, Inc., (“Casemasters”/“us”/“we”), provides a messaging and communications service called “Casemasters” through our website (the “Site”) and our application for mobile devices, tablet computers and similar devices (the “App”) and provide access to Collective Content (defined below), collectively the Site, App and Collective Content and services is referred to herein as the “Services”). Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy.

BY CLICKING ON THE “AGREE” OR “I ACCEPT” BUTTON, OR ACCESSING OR USING THE SERVICES INCLUDING BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS WHICH CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND Casemasters, INC. YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR COLLECTIVE CONTENT UNLESS YOU AGREE TO THESE TERMS. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” extends beyond you to also refer and apply to that company or other legal entity.

1. KEY CONTENT-RELATED TERMS

“Content” means text, graphics, images, software (excluding the App) information, messages or other materials.

“Collective Content” means, collectively, Casemasters Content and Registered User Content. Certain areas of the Site and App (and your access to or use of certain Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, App or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, App or Collective Content. Unless explicitly stated otherwise, any new features that augment or enhance the current Services in future shall be subject to these Terms; they will be posted to the Site as available as well as to the App and you are deemed to have accepted them.

“Direct Messaging” means Casemasters’s direct messaging feature which allows one Registered User to communicate directly with another Registered User.

“Casemasters Content” means Content that we make available through the Services including any Content licensed from a third party, but excluding Registered User Content.

“Registered User” and “you” means a person that completes Casemasters’s account registration process, as described in the “Account Registration” section below.

“Registered User Content” means Content a Registered User posts, uploads, publishes, submits, or transmits to be made available through the Services.

“Verified User” means a Registered User who has been verified to be a licensed healthcare professional or student in a recognized healthcare program. Casemasters has the discretion to verify inactive or retired healthcare professionals.

2. MODIFICATIONS

Casemasters, Inc. reserves the right, at its sole discretion, to modify, discontinue or terminate the Services (or any aspect thereof) or to modify these Terms, at any time and without prior notice. If we modify these Terms we will post the modification via the Site or App or provide you with notice of the modification. By continuing to access or use the Services after we have posted a modification or have provided you with notice of a modification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using the Services.

3. ACCOUNT REGISTRATION; CONDITIONS ON ACCESS AND USE OF SERVICES

3.1 AVAILABILITY.

Access to and use of the Services is limited to individuals who are at least 18 years of age. The Services are available worldwide but currently not for the following countries: Cuba, Syria, Sudan, Libya, Iran, and North Korea. Special terms apply to Users in different jurisdictions so please refer to Appendix A for terms which may apply to your use and rights under this Agreement.

3.2 COMPLIANCE WITH LAWS.

You are responsible for ensuring that your use of the Services complies with the laws of your country of residence and you assume the risks (including indemnity under Section 13) attendant to the use of the Services and the use of any materials that you provide. You must register to create an account (“Account”) and become a “Registered User” to use the Services.

3.3 REGISTRATION.

To register, you must provide a username, your email address, your medical specialty, and other information specified in the registration form (“Registration Data”). You represent and warrant: (i) the Registration Data that you provide about yourself is true, accurate, current, and complete; (ii) you are at least 18 years of age; and (iii) you will maintain and promptly update the Registration Data to keep it at all times true, accurate, current, and complete. You authorize Casemasters, Inc, in its sole discretion to confirm the truthfulness and accuracy of the Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Casemasters, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Casemasters, Inc. has the right to suspend or terminate your Account and refuse any and all current or future use of the Services. You also authorize Casemasters, Inc. to access your contact list and/or address book on your device at your direction in order to allow you to share information and images with specific contacts you choose, connect with your colleagues, or to allow you to invite specific contacts you choose to use the Services. If your invitee is a resident of any country that has anti-spam laws or privacy laws requiring consent from users in place, including but not limited to Argentina, Australia, Belarus, Brazil, Chile, Costa Rica, Iceland, Ireland, Israel, Japan, Mexico, New Zealand, Norway, Peru, South Africa, Turkey, the United Kingdom, Venezuela or any part of the European Economic Area, you must obtain his or her prior consent to use his or her e-mail address to share information or images or issue an invitation to use the Services.

Use of the Services is void where prohibited by law or otherwise. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services. You understand that your use of the Services may involve or require the transmission of significant amounts of data. You are solely responsible for all data charges that may be charged by your wireless carrier or internet service provider or that may otherwise arise from your use of the Services.

You understand and agree that the Services may include certain communications from Casemasters, Inc., such as service announcements and administrative messages, and that while these communications are considered part of Casemasters membership, you will be able to opt out of receiving them. However, you will not be able to opt out of any announcements and messages related to the implementation of Casemasters’s Privacy Policy and your obligations thereunder with regard to your Registered User Content.

3.4 SUBSCRIPTION/USAGE FEES.

Casemasters, Inc. does not currently charge fees for the use of the Services. However, you acknowledge and agree that Casemasters, Inc. reserves the right, in its sole discretion, to charge you for and collect fees from you for the use of the Services and to send and receive communications. Casemasters, Inc. will provide notice of any fee collection via the Services prior to implementing such a fee, and you will have a choice at that time to continue to use the Services or not. If you choose not to pay, Casemasters, Inc. reserves the right to immediately terminate your access to the Services.

4. SECURITY

The Services are designed to require users to provide a valid, working e-mail address and password to access and use the Site, Services, App, and Collective Content. Upon registering, you will select a password. Your email address and the password and codes assigned to you are, collectively, your “User Information.” You are solely responsible for (1) maintaining the strict confidentiality of your User Information, (2) not allowing another person to use your User Information to access the Services, (3) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Information. You agree to immediately notify Casemasters, Inc. in writing by email of any unauthorized use of your User Information or any other breach of security. Casemasters, Inc. is not and shall not be liable for any harm arising from or relating to the theft of your User Information, your disclosure of your User Information, or the use of your User Information by another person or entity. Any attempt to obtain unauthorized access or to exceed authorized access to the Site, Services, App, or Collective Content shall be considered a trespass and computer fraud and abuse, punishable under national, provincial, state, and federal laws. Casemasters, Inc. hereby notifies you that any or all communications with this Site can and will be monitored, captured, and recorded and the communications may be transmitted to the authorities as deemed necessary by Casemasters, Inc. in its sole discretion and without further notice.

5. DISCLAIMERS

5.1 NO DIAGNOSTIC SERVICE.

Casemasters IS PRIMARILY AN EDUCATIONAL TOOL AND IS NOT INTENDED TO SERVE THE FOLLOWING NEEDS: AS A DIAGNOSTIC SERVICE; AS A CONFIRMATORY SERVICE TO PROVIDE CERTAINTY IN DIAGNOSIS; TO SELECT, GUIDE, OR PROMOTE THERAPY OF MEDICAL CONDITIONS; FOR USE IN HAZARDOUS OR MISSION-CRITICAL CIRCUMSTANCES OR FOR USES REQUIRING FAIL-SAFE PERFORMANCE; OR IN SITUATIONS WHERE FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY (COLLECTIVELY, “UNAUTHORIZED PURPOSES”). BECAUSE Casemasters HAS NOT BEEN DESIGNED, INTENDED, OR AUTHORIZED FOR SUCH UNAUTHORIZED PURPOSES, YOU SHALL NOT USE THE SITE, SERVICES, OR APP FOR SUCH PURPOSES OR UNDER SUCH CIRCUMSTANCES. YOU FURTHER ACKNOWLEDGE THAT THE USE OF Casemasters’S SITE, SERVICES, AND APP FOR SUCH UNAUTHORIZED PURPOSES MAY CONSTITUTE A VIOLATION OF LAWS APPLICABLE TO THE PRACTICE OF MEDICINE OR OTHER HEALTH PROFESSION(S).

5.2 NO WARRANTY.

YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SITE, SERVICES, OR APP IS SOLELY AT YOUR OWN RISK.

5.3 DIRECT MESSAGING FEATURE; NO MEDICAL SERVICES.

Casemasters’S DIRECT MESSAGING FEATURE ARE TO BE USED SOLELY TO OBTAIN FEEDBACK, FOR EDUCATION AND FOR DISCUSSION. NEITHER THE USER SENDING THE DIRECT MESSAGE NOR THE USER RESPONDING TO THE PAGE OR DIRECT MESSAGE ARE INTENDING TO OR ARE PROVIDING MEDICAL SERVICES BY DOING SO. A USER USING THE PAGING FEATURE OR DIRECT MESSAGING FEATURE IS NOT REQUESTING AND SHALL NOT REQUEST A MEDICAL CONSULTATION OF ANY KIND; YOU ARE SOLELY REQUESTING FEEDBACK, EDUCATION, AND DISCUSSION. YOU ACKNOWLEDGE THAT YOU ARE NOT ENGAGING IN THE PRACTICE OF MEDICINE NOR REQUESTING MEDICAL SERVICES OF ANY KIND OR INTENDING TO CREATE ANY KIND OF PHYSICIAN/PATIENT RELATIONSHIP BY USING THE PAGING FEATURE OR DIRECT MESSAGING FEATURE AND BY RESPONDING TO OR ENGAGING IN ANY KIND OF CONVERSATION RELATED TO A PAGE OR DIRECT MESSAGE. A USER RESPONDING TO A PAGE OR DIRECT MESSAGE IS NOT GIVING AND SHALL NOT GIVE MEDICAL ADVICE OF ANY KIND. YOU ACKNOWLEDGE THAT BY RESPONDING TO ANOTHER USER’S DIRECT MESSAGE AND PROVIDING INFORMATION, YOU, AS A SPECIALIST OR OTHER REGISTERED USER, ARE NOT AND SHALL NOT PROVIDE MEDICAL SERVICES, ENGAGE IN THE PRACTICE OF MEDICINE OR CREATE OR INTEND TO CREATE A PHYSICIAN/PATIENT RELATIONSHIP OR TO ACT AS A MEDICAL CONSULTANT.

6. PRIVACY & CONTENT TERMS

6.1 PRIVACY POLICY.

See our Privacy Policy for information and notices concerning Casemasters, Inc.’s collection and use of your personal information. By clicking on the “Agree” or “I Accept” button, or accessing or using the Site, Services, or App you acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy forms a part of these Terms.

6.2 FEEDBACK.

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site, Services, or App (“Feedback”). You may submit Feedback by emailing us. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.

6.3 USER CONTENT TERMS.

All content generated by a Registered User including all message data transmitted using Direct Messaging, must comply with local, national, provincial, state, and federal privacy legislation and best practices. Identifying information must be removed from Registered User Content. ‘. In addition, you must refer to the Content Policy available here and you represent and warrant that each time you submit content you have complied with the terms therein on what identifying information should be removed from images of people.

6.4 OWNERSHIP OF CONTENT.

Casemasters, Inc. does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Casemasters, Inc., in perpetuity, a non-exclusive, fully paid and royalty-free, transferable, sub-licensable (through several tiers), worldwide license to use, reproduce, view, communicate to the public by any means, print, copy, (whether onto hard disk or other media), edit, translate, perform, and display (publicly or otherwise), redistribute, modify, adapt, make, sell, offer to sell, transmit, distribute, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Content that you post on or through the Service, subject to the Service's Privacy Policy.

If you submit content to Casemasters, you are authorizing Casemasters to act as your agent to issue take-down notices under the Digital Millennium Copyright Act (the “DMCA”) and/or any other similar legislation that allows the submission of requests to Internet Service Providers for the purpose of removing infringing or allegedly infringing materials. You will be responsible for monitoring and enforcing your copyright. If Casemasters does become aware of infringement, then Casemasters, at its sole discretion, may elect to issue take-down notices under the DMCA or similar legislation.

6.5 USER CONTENT WARRANTIES.

You acknowledge and agree that you are solely responsible for all Registered User Content that you make available through the Site, Services, or App. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Registered User Content that you make available through the Site, Services, or App or you have all rights, licenses, consents and releases that are necessary to grant to Casemasters, Inc. the rights in such Registered User Content, as contemplated under these Terms; and (ii) neither the Registered User Content nor your posting, uploading, publication, submission, or transmittal of the Registered User Content or Casemasters, Inc.’s use of the Registered User Content (or any portion thereof) on, through or by means of the Site, Services, or App will (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or (b) result in the violation of any applicable law or regulation, including, but not limited to any applicable laws, rules, or regulations relating to personal health information, personal information and privacy, the Health Insurance Portability and Accountability Act (HIPAA), the Personal Information Protection and Electronic Documents Act (PIPEDA), the Personal Health Information Protection Act (PHIPA), the Health Information Technology for Economic and Clinical Health (HITECH) Act, the Data Protection Act 1998, the Protection of Personal Information Act 2013, the Data Protection Act of 1978, the Spanish Data Protection Act 15/1999, the Belgian Act of 08 December 1992, Law 2472/1997 on the Protection of the Individual from the Processing of Personal Data, the Indian Information Technology Act, 2000, the Argentine Personal Data Protection Act N°25.326, Act N°26.529 and Intellectual Property Act N°11.723, Act on the Protection of Personal Information of Japan, the Dubai Healthcare City Health Data Protection Regulation No. (7) of 2013 (as amended) and the Dubai International Financial Centre Data Protection Law No.1 of 2007 (as amended) and the DIFC Data Protection Regulations 2007 (as amended), Personal Information Protection Act, and Act on Promotion of Information Communications Network Utilization and Information Protection of Korea, Law of the Republic of Kazakhstan On Personal Data and its Protection from 21 May 2013 No. 94-V, the Federal Law of the Russian Federation “On Personal Data”, the Federal law of the Russian Federation “On the Fundamentals of Health Protection in the Russian Federation” , Act On Personal Data Protection of Ukraine of 01 June 2010 (as amended) and any other applicable National, Provincial, State, and Federal privacy laws (collectively, the “Privacy Laws”) depending on your country or jurisdiction of access to the App. You retain the sole responsibility of your individual compliance with applicable laws.

6.6 ADS.

You acknowledge and agree that some of the Site, Services, or App may be supported by advertising revenue and may contain advertisements or promotions. If you elect to have any personal, professional or business dealings with anyone whose products or services may be advertised on the Site, Services, or App, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that Casemasters shall not have any responsibility or liability for any losses or damages that you may incur as a result of such dealings.

Your representations, warranties, and obligations in this section survive termination of these Terms.

7. LICENSE TERMS

7.1 Casemasters CONTENT LICENSE GRANT.

Subject to your compliance with the terms and conditions of these Terms, Casemasters, Inc. grants you a limited, non-exclusive, non-transferable license: (i) to view any Casemasters Content solely for your personal and non-commercial purposes; and (ii) to view any Registered User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

7.2 Casemasters CONTENT LICENSE RESTRICTIONS.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, App or Collective Content, except as expressly permitted in these Terms or expressly permitted by applicable copyright laws. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Casemasters, Inc. or its licensors, except for the licenses and rights expressly granted in these Terms.

7.3 USER CONTENT LICENSE.

We may, in our sole discretion, permit Registered Users to post, upload, publish, submit, or transmit Registered User Content. By making available any Registered User Content on or through the Site, Services, or App, you hereby grant to Casemasters, Inc. a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense (through several tiers), to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit such Registered User Content only on, through or by means of the Site, Services or App or by sublicense to partner or affiliate publications. Casemasters, Inc. does not claim any ownership rights in any Registered User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Registered User Content.

7.4 APP LICENSE.

Subject to your compliance with these Terms, Casemasters, Inc. grants you a limited non-exclusive, non-transferable license to download and install a copy of the App on your mobile devices and/or computer that you own or control and to run such copies of the App solely for your own personal and professional use. The non-transferable license is also limited by any terms of service provisions required by the vendor from whom you purchased the Casemasters App (e.g., Apple iTunes, Google Play, etc.) (hereinafter, “App Vendor”).

8. PATIENT DATA AND LEGAL COMPLIANCE

8.1 LEGAL OBLIGATIONS.

National, Provincial, State, and Federal laws, as well as ethical and licensure requirements of your profession and health regulatory college and licensing requirements impose obligations with respect to protection of privacy and patient confidentiality that may limit the ability of physicians, healthcare providers, and persons acting on their behalf, to make use of certain confidential patient information (“Patient Information”) and/or to transmit Patient Information to third parties without express consent.

8.2 COMPLIANCE REPRESENTATIONS AND WARRANTIES.

You represent and warrant that you will, at all times, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of Patient Information, and require all persons or entities under your direction or control to comply with such laws, including the Privacy Laws and the Privacy Policy. You are at all times solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information that you transmit, store, or receive in connection with the Site, Services, App, and any third party site.

8.3 Casemasters DISCLAIMER ON PATIENT INFORMATION.

We expressly do not assume any responsibility for your use or misuse of patient information or other information, whether intentional or inadvertent, that is transmitted, monitored, stored or received while using the Site, Services, App or Collective Content. We reserve the right to amend or delete any Collective Content (along with the right to revoke any membership or restrict access to the Site, Services, App or Collective Content) that we determine in our sole discretion violates the above. We further do not assume any responsibility to make any determinations regarding your subsequent reporting or notification obligations arising from any use or misuse of patient information or other information; these determinations and your actions in response to such determinations remain your sole responsibility.

Your representations, warranties, and obligations in this section survive termination of these Terms.

9. GENERAL PROHIBITIONS

You agree not to do any of the following:

Post, upload, publish, submit, or transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
Take, post, upload, publish, transmit, or otherwise make use of any screen shots, screen captures, reproductions, drawings, photos, videos, downloads, or data of any of the images, comments, or contributions to Casemasters or any Collective Content;
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Use, display, mirror or frame the Site or App, or any individual element within the Site, Services or App, Casemasters, Inc. or Casemasters’s names, any Casemasters, Inc. trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Casemasters, Inc.’s express written consent;
Access, tamper with, or use non-public areas of the Site or App, Casemasters, Inc.’s computer systems, or the technical delivery systems of Casemasters, Inc.’s providers;
Attempt to probe, scan, or test the vulnerability of any Casemasters, Inc. system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Casemasters, Inc. or any of Casemasters, Inc.’s providers or any other third party (including another user) to protect the Site, Services, App, or Collective Content;
Attempt to access or search the Site, Services, App, or Collective Content or download Collective Content from the Site, Services, or App through the use of any engine, software, tool, agent, device, or mechanism (including scripts, bots, spiders, scrapers, crawlers, data mining tools or the like) other than the software and/or search agents provided by Casemasters, Inc. or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation, from the App or otherwise;
Use any meta tags or other hidden text or metadata utilizing a Casemasters, Inc. trademark, logo URL, or product name without Casemasters, Inc.’s express written consent;
Use the Site, Services, App, or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, App or Collective Content to send altered, deceptive, or false source-identifying information;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, Services, App, or Collective Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site, Services, or App;
Collect or store any personally identifiable information from the Site, Services, or App from other users of the Site, Services, or App without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation, or any other rules of professional conduct; or
Encourage or enable any other individual to do any of the foregoing.

Casemasters, Inc. will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Casemasters, Inc. may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Casemasters, Inc. has no obligation to monitor your access to or use of the Site, Services, App, or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site, Services, and App, to ensure your compliance with these Terms and the Privacy Policy, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body having jurisdiction. Casemasters, Inc. reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Casemasters, Inc., at its sole discretion, considers to be in violation of these Terms, the Privacy Policy, or otherwise harmful to the Site, Services, or App.

10. LINKS

The Site, Services, or App may contain links to third-party websites or resources, which do not form part of the Site, Services, or App. You acknowledge and agree that Casemasters, Inc. is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or services on or available from such websites or resources for which such third party is solely responsible. Links to such websites or resources do not imply any endorsement by Casemasters, Inc. of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.

11. TERMINATION AND ACCOUNT CANCELLATION

If you breach any of these Terms, Casemasters, Inc. will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Casemasters, Inc. reserves the right to revoke your access to and use of the Site, Services, App, and Collective Content at any time, with or without cause. You may cancel your Account at any time by contacting us. The change will be processed within seven (7) days.

12. DISCLAIMERS

THE SITE, SERVICES, APP, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Casemasters, INC. EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. Casemasters, INC. MAKES NO WARRANTY THAT THE SITE, SERVICES, APP, OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Casemasters, INC. MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SITE, SERVICES, OR APP OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, SERVICES, OR APP.

YOU MAY NOTIFY THE APP VENDOR IN THE EVENT OF ANY FAILURE OF THE APP TO CONFORM TO THE ABOVE-STATED WARRANTY. THE APP VENDOR WILL REFUND THE PURCHASE PRICE OF THE Casemasters APP TO YOU, BUT THE APP VENDOR WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE Casemasters APP.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Casemasters, INC. OR THROUGH THE SITE, SERVICES, APP, OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, SERVICES AND APP AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR APP. YOU UNDERSTAND THAT Casemasters, INC. DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE SITE, SERVICES, OR APP, NOR DOES Casemasters, INC. VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF USERS OF THE SITE, SERVICES, OR APP. Casemasters, INC. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, SERVICES, OR APP OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, SERVICES, OR APP. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, SERVICES AND APP AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR APP, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

13. INDEMNITY

You agree to defend, indemnify, and hold Casemasters, Inc., its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, proceedings or demands including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, App, or Collective Content, or your violation of these Terms.

14. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, APP, AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER Casemasters, INC. NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, APP, OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, APP, OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SITE, SERVICES, OR APP OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR APP WHETHER BASED ON WARRANTY, CONTRACT, DELICT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Casemasters, INC. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL Casemasters, INC.’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, APP, OR COLLECTIVE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Casemasters, INC. AND YOU.

15. PROPRIETARY RIGHTS NOTICES

All trademarks, service marks, logos, trade names, and any other proprietary designations of Casemasters, Inc. used herein are trademarks or registered trademarks of Casemasters, Inc. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

16. APPLICABLE LAW; JURISDICTION

A. Law and Forum for Legal Disputes

This Agreement or any claim, cause of action or dispute ("claim") arising out of or related to this Agreement shall be governed by the laws of the state of California regardless of your country of origin or where you access Doximity, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Doximity agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Doximity agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims. Notwithstanding the above, you agree that Doximity shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

B. 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, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they 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 any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

17. ENTIRE AGREEMENT

These Terms together with all documentation and policies referenced herein constitute the entire and exclusive understanding and agreement between Casemasters, Inc. and you regarding the Site, Services, App and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Casemasters, Inc. and you regarding the Site, Services, App, and Collective Content.

18. ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without Casemasters, Inc.’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Casemasters, Inc. may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

19. NOTICES

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in a written form and given: (i) by Casemasters, Inc. via email (in each case to the address that you provide); or (ii) by posting to the Site; or (iii) via the App. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

20. DISPUTE RESOLUTION

Unless otherwise provided in the Country-Specific terms set out in Appendix A, all disputes between you and Casemasters arising out of or concerning these Terms, including but without limitation any dispute as to the interpretation of these Terms, any alleged breach of these Terms, the right of a party to exercise any right or remedy herein provided which have not been settled by informal negotiations or mediation, shall be resolved by binding arbitration in accordance with the Arbitrations Act, 1991 (Ontario) and the following provisions:

Post, upload, publish, submit, or transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
Take, post, upload, publish, transmit, or otherwise make use of any screen shots, screen captures, reproductions, drawings, photos, videos, downloads, or data of any of the images, comments, or contributions to Casemasters or any Collective Content;
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Use, display, mirror or frame the Site or App, or any individual element within the Site, Services or App, Casemasters, Inc. or Casemasters’s names, any Casemasters, Inc. trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Casemasters, Inc.’s express written consent;
Access, tamper with, or use non-public areas of the Site or App, Casemasters, Inc.’s computer systems, or the technical delivery systems of Casemasters, Inc.’s providers;
Attempt to probe, scan, or test the vulnerability of any Casemasters, Inc. system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Casemasters, Inc. or any of Casemasters, Inc.’s providers or any other third party (including another user) to protect the Site, Services, App, or Collective Content;
Attempt to access or search the Site, Services, App, or Collective Content or download Collective Content from the Site, Services, or App through the use of any engine, software, tool, agent, device, or mechanism (including scripts, bots, spiders, scrapers, crawlers, data mining tools or the like) other than the software and/or search agents provided by Casemasters, Inc. or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation, from the App or otherwise;
Use any meta tags or other hidden text or metadata utilizing a Casemasters, Inc. trademark, logo URL, or product name without Casemasters, Inc.’s express written consent;
Use the Site, Services, App, or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, App or Collective Content to send altered, deceptive, or false source-identifying information;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, Services, App, or Collective Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site, Services, or App;
Collect or store any personally identifiable information from the Site, Services, or App from other users of the Site, Services, or App without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation, or any other rules of professional conduct; or
Encourage or enable any other individual to do any of the foregoing.

21. GENERAL

The failure of Casemasters, Inc. to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Casemasters, Inc. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

22. MISCELLANEOUS

You acknowledge that the Terms apply to you and Casemasters, Inc. only, and not with any App Vendor. The App Vendor and any App Vendor subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, the App Vendor will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary.

You may not use or otherwise export or re-export the App except as authorized by both United States law and the laws of the jurisdiction in which you obtained Casemasters. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

23. CONTACTING Casemasters, INC.

If you have any questions about these Terms, please contact Casemasters, Inc., 75 E Santa Clara St, San Jose, CA 95113