Terms of Services

By using the Case Works, MyCaseWorks.com, or Miller Computer Group, Inc web sites, their subdomains, or any web site aliasing them (“Service”), all services of Miller Computer Group Inc. (“Miller Computer Group Inc.” or “we” or “MCG”), you are agreeing to be bound by the following terms and conditions (“Terms of Service” or “Agreement”).

Miller Computer Group Inc. reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

You can review the most current version of the Terms of Service at any time at: https://www.mycaseworks.com/contract.htm

Account Terms

· You must be 13 years or older to use this Service.

· You must be a human. With the exception of published API interfaces, accounts may not be registered, updated, scanned, or otherwise accessed by “bots” or other automated methods.

· You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

· Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like (additional fees may apply).

· You are responsible for maintaining the security of your account and password. Miller Computer Group Inc. cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

· You are responsible for all content (“Content”) posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account). For the purposes of this Agreement, Content shall include, but not be limited to, any creative works, including but not limited to investigative work product, text, images, data, information, and/or accumulative work/reports.

· You must not misrepresent yourself or take on the identity of someone else while using this service.

· One person or legal entity may not maintain more than one Trial per year.

· You may not use the Service for any illegal or unauthorized purpose.

· The Service may be available using a mobile device. Do not use the Service in a way that distracts you and prevents you from obeying traffic or safety laws.

Violation of any of these agreements will result in the termination of your Account. While Miller Computer Group Inc. prohibits such conduct and Content on the Service, you understand and agree that Miller Computer Group Inc. cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Code of Conduct

While using the Service, you agree to comply with all applicable laws, rules and regulations.

You also agree to comply with certain additional rules (the “Code of Conduct”) that govern your use of the Service and participation at events or in online forums administered or organized by Miller Computer Group Inc. (“Events”, for example, instructional workshops, live webinars, and posts in the Miller Computer Group Forums or Facebook .)

The Code of Conduct is not meant to be exhaustive, and Miller Computer Group Inc. reserves the right to modify this Code of Conduct at any time, as well as take appropriate disciplinary measures including account termination and deletion to protect the integrity and spirit of the Service and Events, regardless of whether a specific behavior is listed here as prohibited.

The following are examples of behavior that warrant disciplinary measures:

· Harassing, stalking, or threatening any other users;

· Transmitting or communicating any Content which, in the sole and exclusive discretion of Miller Computer Group Inc., is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;

· Impersonating any person, business, or entity, including an employee of Miller Computer Group Inc., or communicating in any way that makes it appear that the communication originates from Miller Computer Group Inc.;

· Posting private or identifying information about any other user or account, whether to the Service or elsewhere;

· Transmitting or facilitating the transmission of any Content to, from, though, or by means of the Services that contains a virus, corrupted data, worm, or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;

· Spamming, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;

· Participating in any action which, in the sole and exclusive judgment of Miller Computer Group Inc., “exploits”, as the term is traditionally used and/or understood with respect to web sites, software, and/or software-as-a-service, any undocumented aspect of the Service;

· Participating in any action which, in the sole and exclusive judgment of Miller Computer Group Inc., defrauds any other user of the Service, including, but not limited to, by “scamming” or “social engineering”, as the terms are traditionally used or understood with respect to online commercial activities;

· Using unauthorized programs or automated processes to interact with the Service;

· Accessing or attempting to access areas of the Service that have not been made available to the public;

Payment, Refunds, Upgrading and Downgrading Terms

A valid credit card is required for paying accounts. Free or guest accounts are not required to provide a credit card number.

Fees for the Service are billed in advance on a monthly basis. All Payments collected are non-refundable.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.

Any increased plan price upon upgrading will be prorated based on the time remaining in your current billing cycle and immediately charged upon upgrading.

Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Miller Computer Group Inc. does not accept any liability for such loss.

You may provide a credit card to automatically pay your bill every month. Alternatively, you may make discounted pre-payment. As with all payments, pre-payments are not refundable. You understand and agree that in order to receive a discount on pre-payments they may not be refunded.

All payments are final and are non-refundable.

Cancellation and Termination

We may suspend or stop providing our Service to you if you do not comply with this Agreement or our policies or if we are investigating suspected misconduct. Miller Computer Group Inc., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Miller Computer Group Inc. service, for any reason at any time.

You are solely responsible for properly cancelling your account. An email, chat request, helpdesk ticket, or phone request to cancel your account is not considered cancellation. You must fax or send a letter to Miller Computer Group, Inc. a statement indicating that you wish to cancel your subscription in accordance with the terms outlined in this document.

Upon submission of cancellation, your account will be suspended immediately without regard to the original term of your license and you will not be charged again.

A Trial is a time-limited account with no billing information on file. Trials may have certain functional limitations, such as restricted email sending capabilities. A new account is in Trial for 30 days after registering for the service. A Trial will be limited to account activation and certain settings pages upon its expiration. A Trial will be considered abandoned two weeks after the Trial expiration and the account will be terminated.

Termination or cancellation of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account. Miller Computer Group Inc. reserves the right to refuse service to anyone for any reason at any time.

If a payment fails, you will be alerted to that fact the next time you log into the service. At that point, you will be afforded the opportunity to update your credit card information. All past due payments must be settled before you can continue with the service. Miller Computer Group, Inc will continue to store you data until payment of past due is resolved. The period of ‘storing’ your data while your account is in arrears, will be 90 days.

After 90 days of an account being in arrears will be consider an account that has been abandoned. Abandoned accounts will be disabled and all data/materials associated purged from our storage.

Referral Program

The terms in this section apply to your participation in the Miller Computer Group Inc. Referral Program (“Referral Program”) offered by Miller Computer Group Inc.. By participating in the Referral Program, you agree to comply with these terms:

To participate, you agree to comply with any applicable laws governing your use of such a program.

Miller Computer Group Inc. will provide you with a Referral Link. The Referral Link displays the name and printout logo of the brand. When somebody signs up for a trial period for Case Works via the Referral Link, we track that action. If the visitor registers for an account they will be considered a Referred Account.

Once the Referred Account subscribes and their first payment clears (either pre-pay or monthly), they will be considered a Paid Referred Account. We will on a quarterly basis analyze referral accounts and issue checks in accordance with our referral program. You must have an active subscription in good standing to receive the discount.

The Referral Program is void where prohibited. Due to the potential for abuse, Miller Computer Group Inc. reserves the right to modify or cancel the Referral Program or to withdraw your eligibility at any time without notice and at its sole discretion.

Modifications to the Service and Prices

Miller Computer Group Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.

Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Miller Computer Group Inc. Sales website www.caseworks.net or the Service itself.

Miller Computer Group Inc. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

All Content posted on the Service must comply with U.S. copyright law and you must have proper authority or rights to post each item of Content on the Service.

We claim no intellectual property rights over the material you provide to the Service. Your account data and materials uploaded remain yours. However, if you or anyone else with an account under your account make any Content public, you agree to allow others to view and share your Content. You also understand and agree that Miller Computer Group Inc. is not required to provide any specific export or archive of your data stored in the Service and that the various user-initiated export tools available in the Service (such as contact list or general ledger exports) are provided “as is” and “as available”.

Miller Computer Group Inc. does not pre-screen Content, but Miller Computer Group Inc. and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

The look and feel of the Service is proprietary, protected intellectual property of Miller Computer Group Inc.. All of the code comprising the Service is copyrighted by Miller Computer Group Inc.. Miller Computer Group Inc. reserves all rights to the intellectual property, including but not limited to the code and the look and feel of the Service. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Miller Computer Group Inc..

Miller Computer Group Inc. happily accepts testimonials for the Service from its authorized users. A testimonial (“Testimonial”) is an optional, non-compensated review or recommendation that I may provide to Miller Computer Group Inc. and includes the Testimonial text, photo, business name, author, and website URL. By submitting a Testimonial you grant Miller Computer Group Inc. the irrevocable, perpetual, transferable, and unrestricted right to reproduce, display, use, and publish your Testimonial for promotional purposes in any medium; and to alter the Testimonial photo without restriction, all without compensation to you. Miller Computer Group Inc. is under no obligation to publish your Testimonial.

Privacy

Our Privacy Policy (https://www.mycaseworks.com/privacy.htm ) explains how we treat your personal data and protect your privacy when you use our Service. By using our Service, you agree that Miller Computer Group Inc. can use such data in accordance with our privacy policies.

General Conditions

Technical support is only provided on an incident basis and is chargeable to your credit card on account with Miller Computer Group, Inc. and is available online, through email or telephone. Miller Computer Group will solely determine the manner in which technical support is provided.

You understand that Miller Computer Group Inc. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Miller Computer Group Inc., or any other Miller Computer Group Inc. service.

You may not reverse engineer or reuse computer code comprising or included in the Service, whether in object or source form, without express written permission from Miller Computer Group Inc.. This restriction applies to, but is not limited to, any and all javascript utilized in implementing or operating the Service. All of the computer code comprising or included in the Service is copyrighted by Miller Computer Group Inc. and all rights to such are reserved.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, computer code that powers the Service, or access to the Service without the express written permission by Miller Computer Group Inc..

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Miller Computer Group Inc. customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may occur in the absence of encryption and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

YOU UNDERSTAND AND ACKNOWLEDGE THAT THE TRANSMISSION, TECHNICAL PROCESSING AND STORAGE OF YOU INFORMATION AND DATA, INCLUDING BUT NOT LIMITED TO YOUR CONTENT AND/OR YOUR PERSONAL INFORMATION, (YOUR “DATA”) OCCURS ON SERVICES LOCATED IN THE UNITED STATES OF AMERICA, AND THAT, WITH RESPECT TO ANY USER OUTSIDE OF THE UNITED STATES OF AMERICA, USE OF THE SERVICE WILL INVOLVE AND RESULT IN THE TRANSMISSION OF YOUR DATA TO THE UNITED STATES OF AMERICA. BY ACCEPTING THIS AGREEMENT AND/OR BY USING THE SERVICE, YOU HEREBY GIVE YOUR EXPLICIT PERMISSION TO TRANSMIT, PROCESS, AND/OR STORE YOUR DATA TO AND/OR WITHIN THE UNITED STATES OF AMERICA AND HEREBY KNOWINGLY AND INTENTIONALLY WAIVE ANY LEGAL EXPECTATIONS OF PRIVACY IN THE DATA THAT MAY BE GRANTED BY OR RECOGNIZED WITHIN YOUR COUNTRY OF ORIGIN, INCLUDING BUT NOT LIMITED TO THE EUROPEAN PRIVACY DIRECTIVE (DIRECTIVE 95/46/EC) AND ANY NATIONAL LAWS PROMULGATED THEREUNDER OR IN ASSOCIATION THEREWITH, AND HEREBY GRANT MY EXPLICIT CONSENT TO THE TRANSMISSION, PROCESSING, AND STORAGE OF MY DATA BY MILLER COMPUTER GROUP INC. IN ASSOCIATION WITH MY USE OF THE SERVICES.

You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages in association with your use of or through the Service.

You must not transmit any worms or viruses or any code of a destructive nature.

You may not use the provided storage for offsite backups, delivery or transfer of high-resolution images or proofs, or otherwise use excessive storage (as determined solely by Miller Computer Group Inc.). If you are found to be abusing the provided storage, your account may be disabled until your storage usage is corrected.

If your total data storage usage exceeds 1 GB, or significantly exceeds the average bandwidth usage (as determined solely by Miller Computer Group Inc.) of other Miller Computer Group Inc. customers, we reserve the right to charge excessive storage use by a method and manner determined by Miller Computer Group, Inc.

The failure of Miller Computer Group Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Miller Computer Group Inc. and govern your use of the Service, superseding any prior agreements between you and Miller Computer Group Inc. (including, but not limited to, any prior versions of the Terms of Service).

Our Warranties and Disclaimers

THE SERVICE IS PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE”.

Miller Computer Group Inc. does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. To the extent permitted by law, we exclude and disclaim all warranties, whether express or implied.

Other than as expressly set out in these Agreement, neither Miller Computer Group Inc. nor its suppliers or distributors make any specific promises about the Service. For example, we don’t make any commitments about the Content within the Service, the specific functions of the Service, or their reliability, availability, or ability to meet your needs.

Liability for our Service

Your use of the Service is at your sole risk.

You expressly understand and agree that, to the greatest extent permissible by governing laws, Miller Computer Group Inc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Miller Computer Group Inc. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. To the extent that any of the foregoing limitations of liability exceed that which is enforceable or otherwise permissible as a matter of law, it is the intent of the parties to this Agreement that the liability of Miller Computer Group Inc. in association with providing the Service be limited to the maximum extent permissible by law, and that the foregoing provisions be blue penciled by any court of competent jurisdiction adjudicating any claim under or in association with this agreement so as to render the foregoing limitations of liability enforceable under the law.

Business Use

If you are using our Service on behalf of a business, you hereby represent and warrant that by accepting this Agreement and/or by using the Service that: (i) you are accepting the terms of this Agreement on behalf of the business, and (ii) that you have the necessary authority and power to accept these terms on behalf of the business. You further agree that the business will hold harmless and indemnify Miller Computer Group Inc. and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Service or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Resolving Complaints

INFORMAL RESOLUTION: We want to address your concerns without needing a formal legal case. Before filing a claim against Miller Computer Group Inc., you agree to make a good faith effort to resolve the dispute informally by faxing a dispute notice to Miller Computer Group Inc. to 10774 SE Hwy 212, Clackamas OR, 97015 via USPS Certified Mail. Include a thorough description of your dispute in your notice, including a summary of the situation that caused the issue and your desired remedies. We’ll try to resolve the dispute informally by contacting you via email, fax or phone. If a dispute is not resolved within 30 days of submission, you or Miller Computer Group Inc. may bring a formal proceeding.

JUDICIAL PROCEEDINGS: You and Miller Computer Group Inc. agree that any judicial proceeding to resolve claims relating to this Agreement or the Service will be brought in the federal or state courts in and /or for Clackamas County, Oregon, Unites States of America. Both you and Miller Computer Group Inc. consent to venue and personal jurisdiction in such courts and both Miller Computer Group Inc. and you irrevocably waive any right to a trial by jury.

NO CLASS ACTIONS: To the maximum extent permissible by law, you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action and you waive any right to bring such a claim, whether as part of a class arbitration, class action, law suit, private attorney general actions, and/or consolidation with other arbitrations or actions.

General Provisions

GOVERNING LAW: This Agreement shall be governed by the laws of the State of Oregon, United States of America, without regard to principles of conflicts of law.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Miller Computer Group Inc. in exercising any right hereunder will waive any further exercise of that right. Miller Computer Group Inc.’s rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Miller Computer Group Inc.’s prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Miller Computer Group Inc. electronically. Miller Computer Group Inc. may provide all such communications by email or by posting them on the Service or Miller Computer Group Inc. Blog. For support-related inquiries, you may send an email to admin@caseworks.net. You may send notices of a legal nature to Miller Computer Group Inc. at to 10774 SE Hwy 212, Clackamas, Oregon 97015. Nothing herein shall limit Miller Computer Group Inc.’s right to object to subpoenas, claims, or other demands.

WARRANTY: MCG represents and warrant that MCG Software has been or will be tested by MCG and is or will be certified as compliant. MCG does not warrant any other Third Party software, which is provided with the MCG Software as compliant. MCG transfers and assigns to Customer, if and to the extent transferable and assignable, all warranties and indemnities granted to MCG, if any, by the manufacture or owner of such Third Party software. MCG shall be under no obligation to provide Software maintenance support if any maintenance and support is required because of improper use, damage, modification or accident of or to the Software or any equipment used in connection with the Software.

CONDITIONS OF SERVICE: MCG shall not be responsible for any errors, data corruption, operational scheduling conflict or Software failures caused by the misuse of the Software due to any negligence, error, malicious intent, or misunderstanding by the Customer or sabotage by anyone with malicious intent towards Customer.

REMEDIES: MCG’s entire liability and Customer’s exclusive remedy for breach of the warranty described herein shall be for MCG, at it’s option, to either: replace the MCG software that does not meet MCG’s limited warranty described above or attempt to correct errors which Customer finds in the MCG Software which prevents the MCG Software from substantially performing as described. In the event that MCG determines after investigation that the MCG software is substantially performing as described in the user guide, customer shall reimburse MCG for time expended at its current consulting rate and for travel and per diem maintenance costs incurred.

LIMITATIONS OF LIABLITY: The Customer hereby acknowledges and agrees that MCG shall not in any manner or to any extent whatsoever, be liable for any direct, indirect, consequential, incidental or special damages, costs or expenses of the Customer, or any other third party from the use of Software.

GENERAL: If any provision of this agreement is held to be unenforceable or invalid by any competent jurisdiction, the invalid provision is declared to be severable and the validity enforceability of the remaining provisions, and the application thereof, shall not be affected thereby. The prevailing party shall be entitled to recover court costs, reasonable legal fees and other associated expenses incurred in any action or proceeding to enforce this agreement. This agreement shall be governed by, subject to, and enforced under the laws of the State of Oregon and any applicable laws of the United States, without regards to rules of laws governing conflict of law. The exclusive venue for all matters related in any to this agreement shall be only in court of competent jurisdiction located in Clackamas County, Oregon. The parties submit to the personal jurisdiction of those courts and waive all defenses inconsistent with the terms of this section.