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PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE SITE. BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE OUR SITE.
Please review these Terms carefully, as they impose legal obligations on your access and use of the Site and our Services and establish our legal relationship thereto related. These Terms are subject to change in our sole discretion. If USClaims revises these Terms, we will update this Site with the revised Terms. By using this Site, you agree to be bound by the Terms and any revisions that are posted. You agree that in the event any portion of these Terms are found to be unenforceable, the remainder of the Terms shall remain in full force and effect.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by your use of this Site. These Terms supersede any prior agreements between you and USClaims relating to the Site.
The laws of the State of Florida will govern the Content (as defined below) contained in this Site, without giving effect to any principles of conflicts of laws. By accessing or using the Site, you submit to the jurisdiction of the state or federal courts sitting in the State of Florida, and agree that such courts have exclusive jurisdiction in all controversies relating to the Site.
The following provisions shall survive the termination of these Terms and shall apply indefinitely: Ownership and Reservation of Rights, Disclaimers and Indemnification/Limitation of Liability.
OWNERSHIP AND RESERVATION OF RIGHTS
The information contained in this Site including all images, illustrations, designs, photographs, videoclips, writings and other materials that appear herein (collectively referred to as “Content”) are copyrights, trademarks, trade dress or other intellectual property owned by, controlled by, or licensed to USClaims. The name “USClaims” and its logo are the property of USClaims or its licensor(s) and may not be used in any way, including in advertising or publicity without our prior written permission. USClaims retains all rights with respect to the Site except those expressly granted to you below.
GRANT OF RIGHTS AND USE RESTRICTIONS
Provided you comply with these Terms, we grant you the right to access the Site for purposes of learning more about the Services and exchanging information in accordance with the functionalities provided by the Site (collectively, the “Permitted Purposes”). We also grant you the right to print a copy of the Content for your personal use only, provided that you use such copy only for Permitted Purposes and that you retain any copyright, trademark or other proprietary notices as they appear on the Site. We grant you no other rights other than these express rights to use the Site and print out the Content for Permitted Purposes. For the avoidance of doubt, you may not copy, reproduce, distribute, republish, download, display, post electronically or mechanically, transmit, record, in any manner mirror, photocopy, or reproduce the Content without the prior written permission of USClaims.
We reserve the right at any time to terminate or suspend your right to access to some or all of the Site if you engage in activities that we conclude, in our discretion, breach these terms or our Code of Conduct below.
USClaims does not provide professional, financial or legal advice and the Site is not intended as a substitute for professional, financial or legal advice. Persons accessing this Site assume full responsibility for the use of the Content and understand and agree that USClaims is not responsible or liable for any claim, loss or damage arising from the use of the content.
The Content is for informational purposes only. USClaims makes no representations as to the accuracy, completeness, currentness, suitability, or validity of the Content and will not be liable for any errors, omissions, or delays in the Content or any losses, injuries, or damages arising from its display or use.
USClaims IS PROVIDING ACCESS TO THIS SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ALTHOUGH USClaims BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, USClaims DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT.
INDEMNIFICATION/ LIMITATION OF LIABILITY
You will indemnify and hold harmless USClaims, its parent and affiliates, as well as their respective members, officers, directors, shareholders, employees, agents, contractors, vendors, co-branders, suppliers, internet service providers, and partners from any damage, loss, cost, claim, demand or other harm of any kind, including reasonable attorneys’ fees, due to or arising out of your unauthorized use of this Site or any violation by you of any applicable law or any rights of another person.
IN NO EVENT SHALL USClaims BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE USE, COPYING OR DISPLAY OF THE CONTENT, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OR NATURE OF THE CORRESPONDING CAUSE OF ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS OR EQUITABLE ACTIONS.
CODE OF CONDUCT
As a condition to your use of the Site, you agree to follow our “Code of Conduct” set out below. Under this Code of Code, you SHALL NOT:
- Use the Site in a manner that could disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
- Seek to obtain access to any material or information through “hacking” or through any other means that we have not intentionally made available to you through the Site.
- Submit to us material or information that is intentionally false, defamatory, unlawfully threatening, illegal, or unlawfully harassing.
- Transmit material or information through the Site that you know or should know contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images, and text in electronic form — can easily be copied, modified and sent over networks (such as the internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Site without the copyright owner’s permission, or without a legitimate “fair use” justification for the transmittal.
USER COMMENTS, FEEDBACK, AND OTHER INFORMATION PROVIDED BY YOU
In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.
LINKS TO THIRD PARTY SITES OR CONTENT
The Site may contain links that reference to third party websites or content (collectively “Linked Sites”). The Linked Sites are provided for your convenience and information only. We have no control over these Linked Sites and do not assume responsibility or liability for any information, opinions, or materials available on Linked Sites, or for any transactions that you may pursue in connection with those Linked Sites. We do not endorse the content of any Linked Site, nor do we warrant that a Linked Site will be free of computer viruses or other harmful code that could impact your computer or other web-access device. By using the Site to search for or link to another site, you agree and understand that such use is at your own risk.
PRIVACY/TREATMENT OF INFORMATION
THIS IS A U.S. WEB SITE, AND THE CONTENT MAY BE INAPPLICABLE IN YOUR AREA
You are responsible for your compliance with applicable laws while using the Site. This Site is controlled by us from our offices within the U.S., and if you choose to access it from outside the U.S., you do so at your own risk. Moreover, by using the Site, you agree and understand that the Content or part thereof may be inapplicable in your local jurisdiction. You may not use or export the Content outside the U.S.
MOBILE SERVICE PROGRAM
By providing USClaims with your contact information and mobile number through the Site or by phone, you agree and consent to the receipt of offers and adverting communications from USClaims, including the receipt of calls and text messages to your mobile number, some of which may be generated by an auto dialer. You understand that such consent is not a condition to make a sale or purchase of any goods or services. To opt out from receiving such communications, you may text “STOP,” call USClaims or write to us at USClaims, 1625 S Congress Ave, Suite 200, Delray Beach, FL 33445. You may also text “HELP” for assistance. Visit Mobile Terms & Conditions for the full terms and conditions of the program.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You agree that any and all controversies, claims, disputes, rights, interests, suits or causes of action between USClaims and you, or arising out of or relating to these Terms or the formation, validity and/or enforceability of this agreement to arbitrate or the Terms (each, a “Arbitrable Claim”), as well as the question of arbitrability of any such Arbitrable Claim, shall be settled by binding arbitration before the American Arbitration Association (the “AAA”). Notwithstanding, you have the option to pursue an Arbitrable Claim in a court of law, but only if you opt-out of this arbitration provision in writing sent to USClaims via USPS Certified Mail, Return Receipt Requested, within 30 days of accessing the Site. Any opt-out request received after the 30-day period will not be valid. The arbitration will be held before a single arbitrator, subject to the Commercial Rules of the AAA. The arbitrator shall be appointed (i) by agreement between the parties, (ii) by one party, if the other party fails to respond within 30 days to a request by the first party to agree on an arbitrator, or (iii) by the AAA, if the parties attempt to but fail to reach an agreement. No arbitration hereunder shall include (by consolidation, joinder or in any other method) any third parties, except by written consent signed by USClaims and you. You have no right or authority to submit an Arbitrable Claim to be arbitrated on a class action basis or on any basis involving Arbitrable Claims brought in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. YOU UNDERSTAND THAT YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS IN ANY PROCEEDING PERTAINING OR RELATING TO A CLAIM AND THE RIGHT TO SEEK RELIEF IN A COURT OF LAW, THAT YOU ARE EXPRESSLY WAIVING THE RIGHT TO SEEK REMEDIES IN A COURT OF LAW, AND THAT SOME RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY NOT BE AVAILABLE IN ARBITRATION.
The effective date of these Terms is 5/1/2018.