Thank you for visiting the website of Claim Champions LLC (“Website”). Our Website provides general information about the public insurance adjusting services that we offer and/or other general information and resources.
These Terms of Use and our Privacy Policy {foregoing two words should be a link to Privacy Policy below} set forth the conditions under which you may access and use the Website. By accessing and using the Website, you agree to be bound by our Terms of Use and our Privacy Policy then in effect and by all applicable law. If you do not agree with any of the Terms of Use or our Privacy Policy, you should not access or use the Website for any purpose. We reserve the right to terminate or limit your access to the Website for any violation of the Terms of Use or our Privacy Policy, or for any other reason, in our sole discretion.
No business relationship between you and Claim Champions is or may be created by your access to or use of the Website or any information contained on it. The only way to become our client, or the client of a third party public insurance adjuster to which we may refer you, is through a mutual agreement in writing as described below. Further, none of the information on the Website constitutes legal advice, nor does it necessarily reflect the opinions of Claim Champions, our affiliates, the third party public insurance adjusters to which we may refer you, or our clients. Any information you submit via the Website will not be considered confidential and may be subject to applicable disclosure and reporting requirements, as required by law.
If you are interested in asking us to represent you, please call us, email us, or otherwise contact us through our Website so we can determine whether we will represent you or refer you to a third party public insurance adjuster. The telephone number for our office is listed on our Website. If you submit information to us by email or otherwise through our Website, you acknowledge that it will not be considered to be confidential and consent to our sharing it with third party public insurance adjusters to determine whether we or they will agree to represent you. In any event, we will not make the determination whether to represent you by e-mail communication or communications through the Website. We reserve the right to decline any representation, and may be required to decline representation if it would create a conflict of interest with our other clients.
The information provided on the Website is general in nature and does not apply to any particular factual, legal, medical, financial, insurance, or other situation. As such, you should not rely on any information on our Website, and should seek professional advice as you determine appropriate.
In addition, although we try to provide accurate and complete information, we make no commitment or express or implied warranty that the factual, legal, medical, financial, or any other information contained on our Website, or on any linked Website, is accurate, complete, error-free, or current. We assume no liability if it is not, and your use of the Website is solely at your own risk.
Without limiting the generality of the foregoing, we are not responsible for any content, communications, information, or other materials posted, submitted, communicated, shared, discussed or otherwise generated through any blogs, discussion boards, or other public areas of the Website (“User Generated Content”), nor do we guarantee its truthfulness, accuracy or completeness. Any actions you take or do not take based on or related to User Generated Content are solely at your own risk.
The Website, including any User Generated Content, may contain links to third party websites. These links are provided only as a convenience to the recipient. We do not control and are not responsible for any linked third-party websites, and their policies and practices may not be consistent with these Terms of Use or our Privacy Policy. Further, we do not necessarily endorse any of these third-party websites and do not intend to imply any association between Claim Champions and the party or parties involved. If you use any third-party links, you do so at your own risk, and should check their terms of use and privacy policies before accessing or using them.
You may be asked to create an account to access some features of the Website, such as a discussion board, if any. If you create an account, you agree to provide complete and accurate information, either using your own information and on your own behalf, or on behalf of a family member or friend who has authorized you to do so.
As part of this process, you may be asked to select a unique username and password or provide other information. You are responsible for and must keep your account password secure, and you must notify us immediately of any unauthorized use of your account.
In any event, you alone are responsible for any activity using your account. Claim Champions will not be liable for any losses caused by any use of your account, authorized or unauthorized, but you may be liable for Claim Champions’ or others’ losses due to such use.
Our discussion boards, blogs and the other public areas of the Website, if any, are intended to facilitate open communication and discussion. If you post, submit, share, disseminate, or respond to User Generated Content, however, you agree that:
your User Generated Content will not (i) be defamatory, harassing, threatening, obscene, pornographic, or invasive of privacy, (ii) be illegal, encourage illegal activity, violate of the rights of others, or otherwise give rise to liability, (iii) be confidential or proprietary, or infringe any third-party intellectual property rights and, (iv) in particular, be copyright protected (unless you have full permission to publish it under the terms hereof from the copyright owner).
you are solely responsible for the User Generated Content and your failure to comply with the foregoing.
we have the right (but assume no obligation) to monitor, delete, move, or edit any User Generated Content that we consider inappropriate or unacceptable for any reason.
you grant to us, and to each user of the Website, a global, nonexclusive, unlimited license to publish, reproduce, sell, display, perform, disclose, distribute, use, edit or modify the User Generated Content, and any ideas, concepts or techniques embodied in the User Generated Content, for any purpose whatsoever, and you waive any and all moral rights you may have in the foregoing.
As between you and Claim Champions, all right, title and interest in the Website (including all copyrights, trademarks and other intellectual property rights) belongs to Claim Champions or its licensors. In addition, the names, images, pictures, logos, icons and other marks identifying our products and services in many countries are proprietary marks of Claim Champions and/or our affiliates. Except as expressly provided below, nothing contained herein should be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
You are hereby granted a nonexclusive, nontransferable, limited license to view and use information from the Website (i) solely for your personal, informational, non-commercial purposes, (ii) on the terms herein, (iii) provided that you do not modify or alter the content in any way, and (iv) provided that you do not delete or change any copyright or trademark notice.
Except as expressly provided herein, no part of the Website, including but not limited to materials retrieved and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. In no event should materials from the Website be stored in any information storage and retrieval system without prior written permission from Claim Champions.
In addition, you may only use the Website if you agree not to take any action that might (i) interfere with its proper working, (ii) impose an unreasonable or disproportionately large load on its infrastructure, (iii) compromise its security, (iv) render it or its features inaccessible to others, (v) cause other damage to the Website or any content, or (vi) launch any automated system, including without limitation, any “robot,” “spider,” or “offline reader” that sends more requests to their server(s) in a given period of time than a human can reasonably generate using a conventional web browser.
Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.
THE WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND THE COVERED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF OTHER TERMS HEREIN, THE COVERED PARTIES ALSO DISCLAIM ALL WARRANTIES, RESPONSIBILITY AND LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY USER GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS THEREIN, (C) ANY THIRD PARTY WEBSITE OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS THEREIN, (D) THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF, (E) YOUR USE OF THE WEBSITE, (F) ANY SOFTWARE YOU MAY DOWNLOAD FROM OUR WEBSITE OR A THIRD-PARTY WEBSITE, (G) VIRUSES OR OTHER DAMAGING FACTORS, OR (H) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE.
The Covered Parties are and will not be liable for any damages, including but not limited to any direct, indirect, incidental, special, reliance, or consequential damages of any kind whatsoever (including, without limitation, attorneys' fees, lost profits, savings, or data), in any way due to, resulting from, or arising in connection with the Website, including its content and your use thereof, regardless of any negligence or fault of any of the Covered Parties, and whether or not any of the Covered Parties were apprised of the possibility of such damages. In no event will the aggregate liability of any of Covered Parties related to your use of the Website, User Generated Content, or its other content be greater than $100.
You agree to indemnify and hold harmless the Covered Parties from any losses, damages, claims, or liabilities of any nature, including reasonable attorneys fees, arising from your use of the Website, User Generated Content, or its other content, or your breach of the terms hereof.
In accessing or using the Website, you affirm that you (i) are more than 18 years old, or an emancipated minor, or possess legal parental or guardian consent, (ii) are fully able and competent to understand and enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and our Privacy Policy, and (iii) agree to comply with these Terms of Use and our Privacy Policy. In any case, you acknowledge that the Website is not intended for children under the age of 13, and affirm that you are more than 13 years old. Please do not use the Website if you are under the age of 13, and talk to your parents or guardian about which websites you can visit.
These Terms of Use incorporate by reference any notices contained on the Website and, with our Privacy Policy and any end-user license agreements, constitute the entire agreement regarding your access to and use of the Website. If any provision of these Terms of Use or our Privacy Policy is unlawful, void or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. Claim Champions’ failure to enforce any provision on any occasion is not and should not be construed as a waiver of such provision.
These Terms of Use and our Privacy Policy are to be governed by and construed in accord with the laws of the Commonwealth of Massachusetts, USA, without regard to choice of law principles, and U.S. federal and state courts located in the Commonwealth of Massachusetts, USA, are the exclusive forum and have sole jurisdiction for any dispute.
Claim Champions is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements.
In the event that you claim to be the copyright owner of any content, you agree to immediately notify Claim Champions of any claimed copyright infringement. You further agree to provide Claim Champions’ copyright agent the following information as required by the DMCA, Title 17, U.S.C. § 512:
Claim Champions will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Website or (ii) disable access to the work(s). Claim Champions will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s). Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Claim Champions, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to Claim Champions. Upon Claim Champions’ receipt of a counter notification that satisfies the DMCA requirements, Claim Champions will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that Claim Champions will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
If a notification of claimed infringement has been filed against you, you can file a counter notification with Claim Champions’ designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
Material available on Claim Champions’ Website is protected by copyright law. Copyright © 2009.
Effective date: December 15, 2009