Landlord Tenant Case Management

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using the CaseAct.com website (the "Site") or any CaseAct.com applications or application plug-ins ("Applications"), you agree to follow and be bound by these terms of use (the "Terms of Use") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words "you" and "your" refer to each customer, site visitor, or application user. "We", "us" and "our" refer to CaseAct.com. "Services" refers to all services provided by us.

It is your responsibility to review these Terms of Use regularly. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We reserve the right to change these Terms of Use without notice at any time updated versions of the Terms of Use will appear on the Web Site and are effective immediately. Your continued use of the Web Site after any update constitutes your agreement to be bound by the updated Terms of Use. If you have any questions about these Terms of Use, please contact us at our mailing address.

BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

CaseAct.com is an online tracking platform (“Tracking Platform”) and forms service (“Forms”) providing an automated software solution to individuals who choose to track cases and use our everyday forms. The customer is not required to download anything to use CaseAct.com. The Site includes general information on commonly encountered timing issues and Forms in landlord and tenant matters in New York State. You agree to read and review the final Form(s) before signing it/them and agree to be solely responsible for the final Form(s).

At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, selection of forms, or strategies, or apply the law to the facts of your particular situation. The Site provides a number of options with appropriate defaults based on the information provided.
You understand and agree that CaseAct.com is not a law firm or an attorney and may not perform services performed by an attorney. No attorney-client relationship or privilege is created with CaseAct.com. You acknowledge that a number of Forms or documents created using the Site may require consultation with an attorney prior to execution or filing.
If, prior to your purchase, you believe that CaseAct.com gave you any legal advice, opinion or recommendation about legal rights, remedies, defenses, options, selection of Forms or strategies, you will not proceed with this purchase, and any purchase that you do make will be null.

CaseAct.com utilizes everyday Forms that have been reviewed by an attorney and strives to keep its Forms accurate, current and up-to-date. However, because the law changes rapidly, CaseAct.com cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind CaseAct.com provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Like a library or a book, the information provided on CaseAct.com may not always be accurate or complete and may be wrong for certain people in certain situations. Therefore, if you need legal advice for your specific problem, you should consult a licensed attorney in your area.

CaseAct.com exists solely within the State of New York. You agree that regardless of where you reside or where your browser is physically located, your viewing and use of CaseAct.com occurs solely within the State of New York, and that all content and services shall be deemed to be served from, and performed wholly within, the State of New York, as if you had physically traveled there to obtain such service. You agree that New York law shall govern any disputes arising from your use of this Site. Disputes shall be resolved through binding arbitration or small claims court as described in the CaseAct.com Arbitration Agreement, contained in Paragraph 4 of these Terms of Use.

1. Privacy Policy. Please see our Privacy Policy which is incorporated into the Terms of Use.

2. Ownership. This Site and Applications are owned and operated by CaseAct.com. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by CaseAct.com or by respective third party authors, developers, or vendors. Except as otherwise expressly provided by CaseAct.com, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of CaseAct.com's intellectual property rights, whether by estoppel, implication or otherwise. CaseAct.com does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by CaseAct.com. Any rights not expressly granted herein are reserved by CaseAct.com.

3. Use of CaseAct.com Forms. On our Site, through our Applications, we offer self-help "fill in the blank" forms. The information provided by you may be used to help you populate Forms you may require later. If you use a form on our Site or Application, these Terms of Use control. You understand that use of a Form is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs. Think of the Site as an electronic library or an electronic book of forms.

4. Dispute Resolution by Binding Arbitration

Please read this carefully. It affects your rights.

Summary: In the unlikely event that CaseAct.com is unable to resolve a complaint to your satisfaction or if CaseAct.com has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.

Arbitration Agreement:

(a) You agree to arbitrate all disputes and claims with CaseAct.com before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted.

(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to CaseAct.com should be addressed to: Notice of Dispute, General Counsel, CaseAct.com,…. (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If CaseAct.com and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or CaseAct.com may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by CaseAct.com or you shall not be disclosed to the arbitrator nor third parties or public until after the arbitrator determines the amount, if any, to which you or CaseAct.com is entitled.

(c) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. (You may obtain information about the arbitration process directed to non-lawyers, including information about providing notice to CaseAct.com, at http://www.CaseAct.com/arbitration-information.pdf.) The arbitrator is bound by these Terms. Unless CaseAct.com and you agree otherwise, any arbitration hearings will take place in the county of your contact address.

(d) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.

1. Remedies: Any use of the Service contrary to these Terms of Use may cause irreparable injury to CaseAct.com and that, under such circumstances, CaseAct.com will be entitled to equitable relief including, but not limited to, preliminary and permanent injunctive relief, without posting bond or other security.

2. Rights and Responsibilities of CaseAct.com. CaseAct.com takes no responsibility and assumes no liability for any content entered by you or any third party.

Although we cannot make an absolute guarantee of system security, CaseAct.com takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.

You agree to accept full responsibility out of the legal consequences that will or can result from how you created your legal document, whether you have included inappropriate, conflicting or ambiguous information in the legal document, omitted any necessary details in your legal document, or whether you require any additional legal documents or procedures.

If CaseAct.com's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, CaseAct.com reserves the right to delete those files or to stop those processes. If the CaseAct.com technical staff suspects a user name is being used by someone who is not authorized by the proper user, CaseAct.com may temporarily disable that user's access in order to preserve system security. In all such cases, CaseAct.com will contact the member as soon as feasible. CaseAct.com reserves the right to refuse service to anyone and to cancel user access at any time.

CaseAct.com shall not be held liable for any errors, delays, omissions or unlawful use of information provided by you, any Third Parties or Third Party Services including but not limited to your lawyer, Marshall or Process Server.

3. Responsibilities of CaseAct.com User: It is a violation of these Terms of Use to use CaseAct.com Services in any way that violates the laws of your state, the State of New York, and the United States. CaseAct.com reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action deemed appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.

CaseAct.com user agrees to indemnify CaseAct as its’ directors, officers and employees harmless from any claim, demand or damage including legal fees accreted by any third party due to or arising out of the user’s use of CaseAct.com or CaseAct.com material services.

4. Third Party Services: Certain services made available via the Site are delivered by third parties and organizations that are independent and separate entities from CaseAct.com (“Third Party Services”). You understand and agree that Third Party Services are not within CaseAct.com control and that you will be billed separately and indirectly for the services provided for any Third Party Service requested in accordance with the third party specific billing schedules or policies.

You acknowledge and agree that CaseAct.com will not be liable to you or any third party for any loss resulting from a cause over which it does not have any direct control, including but not limited to, issues with Third Party Services made available via the Site, failure of equipment or services relating to your computer, problems with data transmission facilities, unauthorized access, theft, inaccuracy or untruthfulness of any data entered by you.

CaseAct.com provides a number of links to you and some of the articles on this site contain links to other resources / businesses on the internet. Those links are provided as citations and aids to help you identify and locate other internet resources that may be of interest and are not intended to state or imply that CaseAct sponsors, endorse is affiliated or associated with or is legally authorized to use any trade name, registered trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the links.

By using any product, service or functionality originating from the CaseAct.com domain, you hereby acknowledge and consent that CaseAct.com may share such information and data with any Third Party Services to provide the requested product, service or functionality on behalf of CaseAct.com users and customers. You further acknowledge and consent to grant CaseAct.com the authority to act on your behalf for any action required in order to perform the services that you request including but not limited to authority to retrieve court files, communicate with attorneys selected by you, process server, to a Marshall to an attorney selected by you and to provide the requested product or service on your behalf. You acknowledge that CaseAct.com is not a process server and send Forms and other documentation to third party process servers on your behalf.

5. Access to World Wide Web; Internet Delays. To use CaseAct.com services, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain CaseAct.com services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. You understand that CaseAct.com is not responsible for delays, delivery failures, or other damage resulting from such problems.

6. NO WARRANTY. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS, OR TRACKING PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CASEACT.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

CASEACT.COM MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. CASEACT.COM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

7. LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU WILL HOLD CASEACT.COM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF CASEACT.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF THERE IS LIABILITY FOUND ON THE PART OF CASEACT.COM, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, EXCEPT AS ALLOWED PURSUANT TO THE CASEACT.COM ARBITRATION AGREEMENT, CONTAINED IN PARAGRAPH 4 OF THESE TERMS OF USE, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY FURTHER, EXCEPT AS PERMITTED BY LAW.

8. Refund policy: Any issuance of refunds is at the sole discretion of CaseAct.com.

CaseAct.com Service Fees “Service Fees” are deemed earned at the time of placement of an order for services.

Third Parties Services Fees are any fees paid directly or separately to Third Party Services for the purpose of conducting specific services. Any service fees paid to Third Party Services are deemed earned in accordance with their own billing schedules and policies. Please refer to each Third Party Service provider specific refund policies for specific details.
If a user has paid for CaseAct.com Service Fees, but is unable to pay for Third Parties Services Fees within two weeks of initial payment, CaseAct.com reserves the right at its own discretion to charge the customer for …

9. Unsolicited Submissions. Except as may be required in connection with your use of CaseAct.com Services, CaseAct.com does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to CaseAct.com through or in association with this Site shall be considered non-confidential and CaseAct.com's property. By providing such submissions to CaseAct.com you hereby assign to CaseAct.com, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. CaseAct.com shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

10. Force Majeure. CaseAct.com shall not be considered in breach of or default under these Terms of Service or any contract, and shall not be liable for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event").

11. Governing Law; Venue. By using this Site or any Applications, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of New York, excluding its choice of law rules. Any matters or proceedings which are not subject to arbitration as set forth in paragraph 4 of these Terms of Use shall take place in the State of New York. Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the Arbitration Agreement contained in paragraph 4 of these Terms of Use.

13. Trademarks. CaseAct.com, CaseAct.com, logos, images and text, page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of CaseAct.com. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

14. Acknowledgement. BY USING CASEACT.COM'S SERVICES OR ACCESSING THE CASEACT.COM SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.