Terms of Service

1. Background

CaseStream Data ("we," "us") collects Florida public records and delivers them to law firms. The client ("you," "Client") is a law firm or attorney that wants those records for its own client development, and on some plans wants us to print and mail on its behalf. These terms govern that relationship. They take effect when you place an order or begin using the service, whichever happens first.

2. Definitions

"Records" means the Florida public records we deliver to you. "Limited Data Set" means the fields within a Record that identify a person connected with a civil or criminal case, including name, mailing address, and case details. "Order" means the written confirmation of your counties, case types, plan, and price. "Pieces" means the physical mail we produce for you on a plan that includes production.

3. Term

These terms run from the date of your first Order and continue for the billing period stated in it. They renew automatically for successive periods of the same length unless either side gives notice under section 4.

4. Termination

Either side may end this agreement at the close of the current billing period by giving written notice before that period ends. We may end it immediately if you breach section 8, if you fail to pay under section 15, or if a court or clerk requires us to stop.

Ending the agreement does not refund fees already paid for the current period, and does not cancel your obligations under sections 8, 10, 13, and 14, which survive.

5. Records delivery

We collect Records and deliver them to you on the schedule and in the format stated in your Order. Coverage is limited to the counties and case types in that Order. We may change the delivery format on reasonable notice if a source system changes.

6. Production and fulfillment

On a plan that includes production, we print, address, and induct Pieces into the mail stream, and send email where the Order provides for it. We produce from your template and your content. We do not write, design, or approve that content — see section 7.

7. Your compliance obligations

This is the most important clause here, so it is stated without hedging. We supply records and production. We do not supply legal advice, and we take on no part of your firm's advertising compliance.

Every obligation under subchapter 4-7 of the Rules Regulating The Florida Bar remains yours: what your mail piece says, whether it carries the required disclosures, whether it is filed for review when the rules require it, and whether a particular recipient may be contacted at all. We do not review, approve, draft, or file your advertisements. You are solely responsible for determining that everything you send is lawful and consistent with the rules governing your license. We are not a law firm and do not practice law.

8. Permitted use and restrictions

Records are licensed to your firm for your own client development. You will not resell, sublicense, republish, or otherwise distribute them outside your firm. You will not contact a person you know to be represented by another lawyer in the matter, or anyone who has asked not to be solicited. You will not use Records for any purpose prohibited by federal or Florida law or by the rules governing your license.

9. Limited Data Set

A Limited Data Set is provided to you for the single campaign described in your Order. You will hold it no longer than you need it for that purpose, will not merge it into any other database you sell or share, and will keep it secured against access by anyone outside your firm.

10. Confidentiality

Each side may learn the other's non-public business information — pricing, methods, customer names, templates. Neither side will disclose it or use it for anything other than performing this agreement. This does not cover information that is already public, that the receiving side already had, or that it must disclose by law. This section survives termination.

11. Accuracy of records

We deliver what the public record says. We do not investigate cases, verify the truth of a charge, or form any view about guilt, innocence, or outcome. A public record can contain errors, can be amended, and can be sealed or expunged after we deliver it. We do not warrant that a Record is accurate, current, or complete, and you are responsible for confirming anything you rely on before acting.

12. Disclaimer of warranties

The service is provided as is and as available, without warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the service will be uninterrupted, that every filing will be captured, or that any particular volume of Records will be produced in a given period.

13. Limitation of liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost business, or lost goodwill. Our total liability for any claim relating to the service will not exceed the amount you paid us in the three months before the event giving rise to the claim. This section survives termination.

14. Indemnification

You will indemnify and hold us harmless from claims, damages, and reasonable legal fees arising out of your use of the Records or the content you send us to produce, including any claim that a communication your firm sent violated the Rules Regulating The Florida Bar or any other law. This section survives termination.

15. Payment

Fees, billing period, and invoice due dates are stated in your Order. Invoices are due on the date stated. We may suspend delivery on any account that remains unpaid after that date, and suspension does not relieve you of fees for the period.

16. Price changes

We may change prices at the start of a renewal period by giving written notice before the current period ends. If you do not accept the change, you may decline to renew under section 4. Postage is set by the carrier, and a change in carrier rates passes through at cost.

17. Suspension

We may suspend or end service if you breach section 8, if we are required to stop by a court or a clerk, or if continuing would put our access to a county's public records at risk.

18. Assignment

You may not assign this agreement without our written consent. We may assign it to a successor in connection with a merger or a sale of the business. This agreement binds any permitted successor.

19. Force majeure

Neither side is liable for a delay or failure caused by something outside its reasonable control, including a court or clerk suspending publication or changing access, a carrier disruption, a utility or network outage, a natural event, or an act of government. We will tell you promptly if one of these affects delivery, and performance resumes when the cause ends.

20. Governing law

These terms are governed by the laws of the State of Florida, without regard to its conflict of laws rules.

21. Venue

Any dispute will be brought in the state or federal courts located in Broward County, Florida, and both sides consent to that venue and waive any objection to it.

22. Class action waiver

Each side may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If this section is found unenforceable, the rest of section 21 still applies.

23. Notices

Notice under these terms is given by email to the address on your account, and to us at hello@casestreamdata.com. Notice is effective on the business day it is sent.

24. Entire agreement and severability

These terms and your Order are the entire agreement between us and replace anything said or written before. If any provision is held unenforceable, the rest stays in force. A failure to enforce a provision is not a waiver of it.

25. Changes and contact

If we change these terms we will update the effective date above and tell active customers before the change applies to them. Questions go to hello@casestreamdata.com.