Terms of Use

In these Terms of Use, the words “we”, “us”, and “our” refer to Citasca, LLC, and “you” and “your” refer to you. If you open an account with us or use this site (“Citasca”) on behalf of an organization, such as your employer, then the words “you” and “your” refer to you and that organization, and you represent and warrant that you are authorized to bind that organization to these Terms of Use.

By using Citasca, you agree to these Terms of Use.

  1. What Citasca is. Citasca provides access to content posted by other users. It is a marketplace for information about the law where you can search for content, purchase content, and post content to share or for sale.
  2. What Citasca isn’t. Citasca isn’t:
  • A law firm.
  • Your attorney.
  • A place for legal advice, counsel, services, or representation.
  • A place to engage others to perform legal research, legal writing, or to develop specific content at your request.

No attorney-client or confidential relationship exists or will be formed between you and us. No Citasca user is your attorney due to any communications facilitated or permitted by us. Citasca does not provide legal advice, counsel, representation, or services, and neither does any other user of Citasca solely by posting content as permitted by us. Providing access to information about the law is not legal advice, counsel, representation, or services. If you want legal advice, counsel, representation, or services, we recommend that you contact an attorney. The decision to retain an attorney is an important one, and is one that you must make carefully based on your own judgment and evaluation of that attorney. Any agreement regarding legal services or fees between you and anyone else must be done outside of Citasca and does not involve us in any way.

  1. Attention: attorney users of Citasca. For attorneys using Citasca, note that the Rules of Professional Conduct of the jurisdiction(s) where you are licensed (“Rules”) apply to your use of Citasca. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, rules regarding the establishment of attorney-client relationships, failure to maintain client confidences, unauthorized practice of law, and misrepresentations of fact. When you use Citasca, you must not offer legal advice, counsel, representation, or services, but may only provide general information about the law. You must not distribute to any persons or entities identified via Citasca any content or material containing solicitations or advertising of any kind without our prior written consent. Attorneys are prohibited from soliciting prospective clients in any way in connection with Citasca.
  2. Disclaimers about content. Please take particular note of these disclaimers:
  • We reserve the right to screen (that is, vet/review/moderate/confirm/verify) users and/or content that is posted to Citasca by users, but we are not obligated to do so. We are not responsible or liable for any screening we choose to do or not to do.
  • Attorneys, other legal professionals, law students, and others, who may have no legal training whatsoever, may post content to Citasca.
  • We do not endorse, and are not responsible or liable for, any content made available through Citasca by any user of Citasca.
  • Opinions and statements posted by users to Citasca, may be incorrect and may not reflect our views. We are not responsible or liable for errors or omissions in Citasca, including in third party content on Citasca, and including any misstatement of any point of law.
  • You are solely responsible for determining the accuracy, completeness, quality, reliability, and value of content on Citasca and the reliability of the Citasca user selling any particular content.
  • We are not responsible or liable for any action or decision taken, or not taken, in reliance upon content on Citasca.
  • Content on Citasca is only one source of information about that law. There are many other sources that are available to you. For example, you may visit a law library to research the law. Please review other sources, and engage an attorney as appropriate, in order to make informed decisions about the law.
  1. Our intellectual property rights; user feedback.Except for the license granted by Citasca in Section 6 of these Terms of Use, all right, title, and interest, in and to Citasca, including all intellectual property rights in Citasca, such as copyright and trademarks, belongs to us. With respect to content posted to Citasca by a user, we are the licensee of that content under the license granted by users in Section 7 of these Terms of Use. Citasca, including its data structures, format, and layout is proprietary. Citasca is copyrighted as a compilation with the U.S. Copyright Office.  We value hearing from you, and are always interested in learning about ways we can improve Citasca. If you choose to submit comments, ideas, or feedback to us, we are free to use them however we wish without attribution or compensation to you.
  1. Our license grant to you and restrictions on that license.Subject to your compliance with these Terms of Use, we grant to you, if you are 18 or older, a limited, nonexclusive, nonsublicensable, nontransferable, revocable license to access and use Citasca and content made available through Citasca. We may suspend or terminate this license, including any account you may create at any time on Citasca, for any or no reason and without notice to you. In addition to the restrictions set forth in other sections of these Terms of Use, you agree that you will not do any of the following in connection with Citasca without our prior written consent:
  • Post anything that you do not have the right to post, for example, because it infringes or misappropriates the intellectual property rights of any third party or would result in a breach of an agreement or license that you have with a third party.
  • Post anything that is confidential or post anything, without the permission of your employer, that is the property of your employer.
  • Post anything that is deceptive, defamatory, fraudulent, harassing, hate speech, libelous, misleading, obscene, offensive, pornographic, sexually explicit, threatening, unlawful, or violates another person’s rights to privacy or publicity.
  • Impersonate or misrepresent your identity, misrepresent your affiliation with any person, entity, institution, or organization, or misrepresent your academic or professional credentials or experience.
  • Post any personal information of any other person.
  • Collect or store personally-identifiable information or contact information of Citasca users without their permission.
  • Post ads, commercial solicitations, or large amounts of unwanted or repetitive content.
  • Except to the extent the fair use provision of the Copyright Act (17 U.S.C.A. Sec. 107) overrides this restriction, directly or indirectly, circulate, copy, display, disseminate, distribute, download, email, frame, make derivative works from, modify, post, publish, reproduce, scrape, sell or resell, store, sublicense, transfer, transmit, or upload any content posted on Citasca by any other user to, or in connection with, any searchable database or other material or medium offered for sale, license, or distribution.
  • Use crawlers, robots, scrapers, scripts, spiders, or other automated means to access or use Citasca.
  • Introduce anything that contains viruses or other code that is disruptive, destructive, or harmful.
  • Access, tamper with, or use non-public areas of Citasca, our systems, or our technical providers’ systems.
  • Break or circumvent our security measures or otherwise test the vulnerability of our systems or networks.
  • Interfere with any other Citasca user or our host or network, for example, by overloading, spamming, or mail-bombing.
  • Share your password, let anyone else access your account, or do anything that might put your account at risk.
  • Do anything that violates the law.
  • Help, encourage, or induce anyone to do anything on this list or that otherwise violates these Terms of Use.

We may remove content from Citasca for any reason and without notice, including because we, in our sole discretion, think that it goes against any of the above restrictions or is otherwise inconsistent with these Terms of Use.

  1. Your account; your license grant to us; your representations and warranties. You are responsible for how you use Citasca. If you create an account with Citasca, you must provide us with accurate, complete, and true information in your account profile. For example, you must register using your real name. If you post any content to Citasca, you grant to us a fully-paid, irrevocable, perpetual, royalty-free, sublicensable, transferable, unlimited, worldwide license to circulate, copy, display, disseminate, distribute, download, email, frame, make derivative works from, modify, post, publish, reproduce, store, transmit, upload, and otherwise use that content. If you post content to, or sell content in connection with, Citasca, you represent and warrant all of the following:
  • The content is (1) your original work, (2) is in the public domain or constitutes fair use under the U.S. Copyright Act, or (3) the owner of such content has expressly granted to you all of the rights necessary for you to grant the license to us above.
  • The content is of a general and educational nature and does not constitute legal advice, counsel, representation, or services, including, without limitation, the application of the law to, or analysis of the law in connection with, a third party’s specific set of facts at that party’s request.

Following termination or deactivation of your account, or if you remove any content from Citasca that you have posted, we may retain content that you have posted to Citasca for a commercially reasonable period of time for archival, audit, or backup purposes.

We care about the security of our users; however, we do not guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

  1. Sales and taxes. Citasca works on a “pay when paid” model. If you sell content on Citasca, the buyer pays Citasca, and then Citasca pays you. You authorize us to deduct from amounts payable to you (1) a commission to Citasca (currently set at 0% of the purchase price), (2) any refunds made by us to the purchasers of your content, and (3) applicable third party processing fees. Citasca reserves the right to withhold payment to you until the amount payable to you as a seller of paid content on Citasca is at least $50.00. If you have sold content on Citasca, you are responsible for any taxes in connection with those sales, except for taxes on our income. See Minnesota Department of Revenue Fact Sheet No. 177 (Digital Products) for details on the sales tax that may apply if you sell e-books, videos, or audio content on Citasca. See Minnesota Department of Revenue Fact Sheet No. 134 (Computer Software) for details on the sales tax that may apply if you sell prewritten computer software on Citasca.
  2. Other important disclaimers. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT THOSE LAWS; NOTHING IN THESE TERMS OF USE WILL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED. To the extent permitted by law, and in addition to the other disclaimers set forth in other sections of these Terms of Use, the following disclaimers apply:
  • We make no warranties as to Citasca, including, without limitation, its accuracy, availability, completeness, content, currentness, quality, performance, reliability, security, or timeliness.
  • YOUR ACCESS AND USE OF CITASCA ARE AT YOUR OWN RISK, AND CITASCA IS PROVIDED “AS IS”.
  • WE AND OUR MEMBERS, GOVERNORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND CONTRACTORS (“CITASCA ENTITIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCUDING, WITHOUT LIMITATION, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, QUALITY, AND NON-INFRINGEMENT OR ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING.
  • We are not responsible or liable for any harm resulting from use of Citasca by you or others.
  • If you access any third party website, service, or content from Citasca, you do so at your own risk; we have no liability arising from your access to or use of any third-party website, service, or content.
  1. Limitations on liability.IN NO EVENT SHALL ANY CITASCA ENTITY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION OR LOSS OF DATA, GOODWILL, PROFIT, REVENUE, OR USE, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (INCLUDING ARISING OUT OF THESE TERMS OF USE OR YOUR USE OF CITASCA), REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ANY CITASCA ENTITY OR ANY OTHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF ANY CITASCA ENITY ARISING OUT OF OUR RELATING TO THESE TERMS OF USE OR YOUR USE OF CITASCA IS ABSOLUTELY LIMITED TO ONE HUNDRED DOLLARS ($100.00). THIS LIMITATION OF LIABILITY IS INDEPENDENT OF ANY EXCLUSIVE OR LIMITED REMEDIES SET FORTH IN THESE TERMS OF USE AND WILL SURVIVE AND APPLY EVENT IF SUCH REMEDIES ARE FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
  2. Claims; governing law; venue; waivers.Any claim, cause of action or dispute (“Claim”) arising out of or related to the Terms of Use or your use of Citasca is governed by Minnesota law, regardless of your location or any conflict or choice of law principle. Claims must be resolved exclusively by state or federal court in Minneapolis, Minnesota, but we may seek injunctive remedy anywhere. You submit to the personal jurisdiction of those courts. Any Claim against a Citasca Entity must be filed within one (1) year after it arose or be forever barred. You will not bring or take part in a class action against any Citasca Entities.
  3. Miscellaneous. These Terms of Use are the exclusive and entire agreement between you and us with respect to its subject matter. See our Privacy Policy for how we collect, use, and share data. If you feel content on Citasca infringes your rights, please see our Copyright Policy posted immediately below these Terms of Use. If any provision of these Terms of Use is determined to be void, invalid, or unenforceable by a court of competent jurisdiction, other provisions of these Terms of Use are unaffected. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. The headings and captions contained in these Terms of Use are inserted for convenience only and do not constitute a part of this agreement.
  1. Notices; changes to these Terms of Use. We reserve the right to determine the form and means of providing notifications to you, and you agree to receive notices electronically if we so choose. We may revise the Terms of Use from time to time and the most current version will always be posted on Citasca. By continuing to access or use Citasca after revisions become effective, you agree to be bound by the revised Terms of Use. If you do not agree to the revised Terms of Use, stop using Citasca.

Revised: May 1 2017


Copyright Policy

NOTIFICATION OF CLAIMS OF INFRINGEMENT OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY

If you believe your copyright has been infringed, or your intellectual property rights otherwise violated, please notify Citasca’s agent for notice of claims of copyright infringement (“Agent”), at:

info@citasca.com

or:

Citasca Agent
Citasca
703 4th St. N
Stillwater, MN 55082
612-790-2512 (phone)

419-828-0091 (fax)

Please provide our Agent with the following Notice, which must include each of the following:

  1. Identification of the copyrighted work you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  2. Identification of the material on the Citasca site that you claim is infringing, with enough detail so that we may locate it;
  3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  4. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  5. Your address, telephone number, and email address; and
  6. Your physical or electronic signature.

Your Notice will be subject to The Digital Millennium Copyright Act (DMCA). Under appropriate circumstances, we may terminate the accounts of repeat infringers.

Revised: May 1, 2017