Terms and Conditions of Use
Last Updated: January 15, 2016
The New York University School of Law Moot Court Board (collectively, “we” and “us”) provides the Casebook Online and all site-related services and content (collectively, the “Site”) subject to your compliance with the terms and conditions set forth in this agreement (the “Agreement”). By using the Site, you agree to be bound by this Agreement. If you do not agree to the terms and conditions of this Agreement, you may not use the Site.
This Agreement is made between us and Site visitor and/or subscriber (“you”). We reserve the right to change the terms of this Agreement at any time. Any such changes we make will be effective immediately upon the posting of the changes on the Site. Your use of the Site after such revision will be deemed acceptance of such changes so it is important to review this Agreement periodically for the most current version.
1. ONLY INSTITUTIONS MAY SUBSCRIBE
By setting up a user account, you declare that you are acting on behalf of an “institution.” An institution is an American Bar Association-recognized law school, an person recognized by the U.S. Department of Education as a supplier of higher education, a law firm (as the term is commonly understood), or a non-profit whose mission includes legal education.
An “institution” does not include persons who simply redistribute content to institutions or other persons, or individual persons.
If we determine you are not an institution, then at our absolute discretion we will terminate this Agreement.
2. ACADEMIC INTEGRITY
The Casebook is often employed by institutions to provide the basis for coursework, including legal research and writing classes and internal moot court competitions for which students receive academic credit. Consistent with NYU’s policy on academic integrity, the NYU Moot Court Board condemns any and all uses of this Site which may violate academic integrity.
By using this Site you agree:
- To not employ any of the materials on this Site for a class in which you are a student unless you have received the specific and express permission of the instructor of the class to do so;
- To not employ any of the materials on this Site in a scheme, plan, or device that has as its incidental or primary aim acts which would constitute a violation of the standards of academic integrity at the institution in which you are enrolled.
You agree that if we determine, at our absolute discretion, that you have not complied with this section of the Terms and Conditions we may not only revoke your access to this site without refund but may also publicly indicate that we have done so, and notify your academic institution and, where appropriate, the Character and Fitness Committee (or equivalent) of the state of the bar in which you are enrolled, or will be enrolled.
3. GENERAL RESTRICTIONS
Without limiting or altering the interpretation of any of the Terms that follow, we supply the following rationale for these terms solely for the interest of the reader:
The purpose of this Online Casebook is for the problems it contains to be used in competitions and educational settings. To achieve this purpose, some materials (the problems) must be made available to select groups (students) and other parts (the “Bench Memo”) must not. Thus the purpose of the Casebook would be undermined if the “answers” (i.e. the contents of this website), were to freely circulate on the Internet.
Accordingly, we have endeavored to give subscribers and others the greatest possible freedom to use these materials while preserving the restrictions necessary to make the materials useful. At a bare minimum, we hope subscribers will substantially transform the content they download on this website before distributing it to others.
We hope subscribers think of each other as part of a community, dedicated to improving lawyering throughout the United States. By abusing the content on this site (in particular, by making it widely available), you hurt other members of your community–and hurt the cause of legal education nationwide.
The Site is subject to the Creative Commons BY-NC-SA 4.0 International License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc-sa/4.0/deed.en_US. In particular, note that use of any part of the Site for commercial purposes is specifically forbidden. Without restricting the meaning of the term “commercial purposes”, a commercial purpose includes the reselling of any of the content on this Site for profit, but does not mean the training of lawyers employed by a commercial law firm that has itself subscribed to this Site.
Notwithstanding the application of the above license to the Site, by creating an account on the Site you agree to not circulate the materials on this Site beyond the legitimate students and employees of your Institution, and in particular (without limiting the previous clause) to never post the contents of this Site on a public webpage. You may however circulate the materials on this site provided they have been edited so much as to be unrecognizable.
Your access to and use of the information contained on the Site is also subject to the following additional restrictions:
- You may not restrict or inhibit the functionality or use of this Site or the use of this Site by any other visitor or subscriber, including, without limitation, by means of “hacking” or defacing any portion of the Site.
- You may not use the Site for any unlawful purpose or for any commercial purpose other than for legal education.
- While using the Site, you agree to comply with all applicable laws, rules and regulations.
4. REGISTRATION AND SUBSCRIPTION
Although certain areas of the Site do not require you to be a subscriber to the Site, most areas do. By subscribing to the Site, you are granted a limited license to use the contents of the Site to assist in your practice and/or study of law.
When and if you register to become a subscriber (or if you make a purchase on the Site), you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card information. You understand that any such information will be treated by us in the manner described in the NYU Digital Privacy Statement and:
- You agree to pay all charges incurred by your account at the price(s) in effect when such charges are incurred and to pay any applicable taxes relating to such purchases;
- You agree to provide true, accurate, current and complete information about yourself as requested by our registration form (including your email address);
- You agree to maintain and update your information (including your email address) to keep it true, accurate, current, and complete.
You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Site. You also acknowledge that verification of information may be required prior to our acceptance of any order and that the price and availability of any product or service are subject to change without notice.
Please note that you are responsible for maintaining the confidentiality of your username and password to the Site and, therefore, you are responsible for any and all purchases and other activities that are conducted through your account.
5. OTHER CONTENT
The Site may include links to other websites, content or resources. We have no control over any websites, content or resources which are provided by third-party companies, organizations or persons. You acknowledge and agree that we are not responsible for the availability of any such external websites, content or resources, and that we do not endorse any advertising, products or other materials on or available from such websites, content or resources.
6. LIMITATION OF LIABILITY
ANY RELIANCE ON OR USE BY YOU OF ANY INFORMATION AVAILABLE ON THE SITE WILL BE ENTIRELY AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR SUPPLIERS, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
7. INDEMNIFICATION
You agree to indemnify, defend and hold us, our suppliers, affiliates, and agents (and our/their officers, directors, employees, agents and representatives) harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your actual or alleged breach of this Agreement; (b) any allegation that any materials that you submit to us or transmit to theSite infringe or otherwise violate the copyright, trademark, trade secret, patent or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.
8. DISCLAIMERS
WE, OUR AFFILIATES, SUPPLIERS AND AGENTS EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
The Site is provided on an “as is” and “as available” basis, and we do not warrant the accuracy, completeness, authenticity or timeliness of any of the information available on the Site or the functionality, availability or operability of the Site at any given time. We and our affiliates, suppliers, and agents do not warrant that your use of the Site will be uninterrupted, error-free, or secure, that defects will be corrected, or that the site (or the server(s) on which it is hosted) is free of viruses or other harmful components.
No opinion, advice, or statement given by us or our affiliates, suppliers, agents, subscribers, or visitors shall create any warranty of any kind or nature whatsoever.
You acknowledge that you are responsible for obtaining and maintaining all equipment needed to access and use the Site, and for paying any and all charges related to such equipment. You agree that we have full right to amend or correct the Site based upon any such inaccuracies and/or errors disclosed by you.
9. JURISDICTION
The Site is solely directed to individuals residing in the United States. We control and operate the Site from within, without limitation, the State of New York, United States of America. We make no representation that materials in the Site are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from other locations do so at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to, at our sole discretion, limit the availability of the Site and/or the provision of any service or other product described on or related to the Site in any manner, at any time, anywhere in the world (including without limitation the United States of America).
10. TERMINATION
The provisions of this Agreement will continue to apply until they and/or this Agreement are/is terminated. If, at anytime, we determine that you have violated this Agreement, we may terminate your access to the Site without providing a refund.
Upon termination of this Agreement, your right to use the Site shall immediately cease, and you agree to destroy all materials obtained from the Site, all copies thereof, and all materials based thereon, whether made under the terms of this Agreement or otherwise. Regardless of the reason for termination, you will not be entitled to, nor will you receive, any refund of payment associated with becoming a subscriber, making purchases from or through the Site, or otherwise using the Site.
11. MISCELLANEOUS
This Agreement and any legal action to enforce this Agreement shall be governed exclusively by the laws of the State of New York, without regard to the New York conflict or choice of laws principles. By using this Site you agree to be subject to the exclusive jurisdiction of the state and federal courts of the State of New York.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.