ClaimsClick.com ("Website") is an online
information, communication, advertising and sales service provided
free of charge to you by Vertical Claims, Inc. ("VCI") under
these Terms & Conditions of Use ("Terms &
Conditions"). We've created these rules
and guidelines to protect you and to ensure that the Website stays professional,
safe and entertaining for everybody. Should someone violate these
Terms & Conditions,
we will try to do something about it. If you encounter a violation,
please write to us.
Please examine this document carefully before accessing or using the
Website, or subscribing to additional services such as our email
newsletter(s). By
accessing or using the Website, or subscribing to additional services,
you agree to be legally bound by
the terms and conditions set forth below. You may not access or
use the Website, or subscribe to additional services, should
you not want to be bound by these Terms & Conditions.
These Terms & Conditions may be modified at any time, and any
such modification shall be effective immediately upon posting of
the modifications to the Website. By your access or use of the Website, or by
subscribing to additional services, you
agree to periodically review this Website and shall be
conclusively bound by any such future modifications.
Rules of Operation
Pursuant to your access
and use of the Website you hereby agree to fully comply with the
Rules of Operation set forth below. Said Rules are the rules that govern your use of, and your activity in
connection with the Website. VCI has the right to amend said Rules
from time to time as it deems appropriate without notice,
other than posting a revised statement on the Website. VCI has the further
right to prohibit or remove any materials or communications, which
VCI believes in its sole discretion to be in violation of the
Rules of Operation.
Rules of Operation
The additional legal terms and conditions stated below, as well
as the legal terms and conditions above, apply to forums,
discussion groups, chat groups, bulletin boards and any other
interactive area of the Website. Use of, access to, or
participation in any of these or any other interactive areas of
the Website constitutes acceptance of these legal terms and
conditions. Your participation in on-line communications occurs in
real time and is not edited, censored, or otherwise controlled by
VCI. VCI cannot and does not screen all content provided by users
of the Website. Notwithstanding the foregoing, VCI reserves the
right to monitor content on the Website and to remove content
which VCI in its sole discretion, determines to be harmful,
offensive, or otherwise in violation of these rules of
operation. In order to maintain an informative and valuable
service that meets the needs of the users of the Website and
avoids the harm that can result from the dissemination of
statements that are false, malicious, violate of the rights of
others, or otherwise harmful, it is necessary to establish the
following rules to protect against abuse:
While using the Website you may not:
1)post or transmit any message anonymously or under a false name;
2)post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene,
pornographic, profane or otherwise objectionable
information of any kind, including without limitation any
transmission constituting or encouraging conduct that
would constitute a criminal offense, give rise to civil
liability, or otherwise violate any local, state, national
or international law. It is not VCI's intent to discourage
you from taking controversial positions or expressing
vigorously what may be unpopular views or opinions; VCI
does, however, reserve the right to take such action as it
deems appropriate in instances where the Website is used
to disseminate statements which are deeply and widely
offensive and/or harmful in nature;
3)post or transmit any message
which discloses private or personal matters concerning any
person;
4)post or transmit any
information, file or software that contains a virus,
cancelbolt, worm, Trojan Horse or any other contaminating
or destructive features;
5)post or transmit any message,
data, image or program that would violate the property
rights of others, including unauthorized copyrighted text,
images or programs, trade secrets or other confidential
proprietary information, and trademarks or service marks
used in an infringing fashion;
6)interfere, in any way, with other users of the Website;
7)post or transmit charity
requests, petitions for signatures, chain letters or
letters relating to pyramid schemes.
8)post , list or transmit
articles, which are off topic according to the description of the group
affected.
Subscription Information/Privacy Policy
When
you subscribe to certain Website additional services, including but not limited to
email newsletters, you will be required to provide VCI with certain
personally identifiable information such as your name, telephone number(s),
email address, etc.
Any information provided by you or gathered by VCI or third parties
during any visit to the Website shall be subject to the terms of VCI's
Privacy Policy, which is incorporated herein by reference.
Click here if you wish to read VCI's Privacy Policy.
Termination
VCI reserves the right, at its sole discretion, to
immediately, without notice to suspend or terminate (i) these Terms & Conditions;
(ii) your subscription/registration with or ability to access the Website and/or any
other service provided to you by VCI upon any breach by you of the Terms & Conditions.
Modifications of these Terms & Conditions
VCI may modify
these Terms & Conditions on the Website from time to time in its sole discretion. Each
time you access or use the Website or subscribe to additional services,
you will be deemed to have accepted any such changes.
Modifications of the Website
VCI may modify or discontinue the Website and/or additional services
with or without notice to you and without liability to you or any third party.
Copyright, Licenses and Idea Submissions
The
entire contents of the Website are copyrighted under the United
States copyright laws. VCI is the exclusive owner of the
copyright. You may print and download portions of the materials
solely for your non-commercial use. Any other copying,
redistribution, publication or retransmission of any portion of
Website material, is strictly prohibited without the express
written permission of VCI or any third party information provider
to the Website. You agree not to change or delete any proprietary
notices from any materials downloaded from the Website.
You
further agree to grant to VCI a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sublicense, to
reproduce, transmit, distribute, publish, translate, modify, create any derivative works of,
publicly use or display any materials or other information, in
whole or in part, (including, but not limited to, ideas, concepts or techniques for
new or improved services and products) you submit to any
"public area" of the Website, including message boards,
ask an expert areas, forums, contests and
chat rooms, by any means or by any media now known or hereafter developed.
You
further agree that any such communication you make to the Website
(whether information, feedback, data, questions, comments,
suggestions or the like) shall be deemed not to be confidential.
By your acceptance of these Terms and Conditions you also grant to
VCI the right to use your name in connection with the submitted
materials and other information as well as in connection with any
and all advertising, marketing and promotional material related
thereto. You also permit any user or subscriber
to access, display, view, store and reproduce such content for personal
use. You further agree and acknowledge that you shall have no
recourse against VCI for any alleged or actual infringement or
misappropriation of any proprietary right in your publications or
communications to us.
Third Party Services
You may order services or
merchandise through the Website from other persons not affiliated with
VCI ("Seller"). All matters concerning the merchandise and services desired
from Seller, including but not limited to purchase terms, payment terms,
warranties, guarantees, maintenance and delivery, are solely between you
and Seller. VCI makes no warranties or representations whatsoever
with regard to any goods or services provided by Sellers. You will not
consider VCI nor will VCI be construed as a party to such
transactions, whether or not VCI may have received some form of
revenue or other remuneration in connection with the transaction or be
liable for any costs or damages arising out of, either directly or
indirectly, you or any other person involved or related to the
transaction.
Links to Third Party Sites
The links in the
Website will allow other sites to be accessed. These linked sites
are not under the control of VCI, and VCI is not responsible for
the contents of any linked site. VCI provides links only as a
convenience, and such inclusion of any link does not imply
endorsement by VCI of the site.
Disclaimer of Warranties
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR
USE OF THE WEBSITE AND ANY SERVICES CONTAINED THEREIN.YOU. THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
VCI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR TITLE.
VCI
MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT
THE WEBSITE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES VCI MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
WEBSITE. VCI WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL
DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE
UNAVAILABILITY OR MALFUNCTION OF THE WEBSITE.
YOU UNDERSTAND AND AGREE
THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. You also understand that VCI cannot
and does not guarantee or warrant that files or software of any
kind, or from any source, available for downloading through the
Website, will be free of infection or viruses, worms, Trojan
Horses or other code or defects that manifest contaminating or
destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for
maintaining a means external to the Website for the reconstruction
of lost data.
YOU UNDERSTAND AND AGREE THAT VCI DOES NOT GUARANTEE THE
ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION
WITH THE WEBSITE. VCI IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR
THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS
OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE WEBSITE. THE INFORMATION
IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER VCI NOR ITS
USERS/SUBSCRIBERS, WHILE SUCH ARE PARTICIPATING IN THE
WEBSITE, ARE ENGAGED IN
RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR
ADVICE. VCI ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE
OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
VCI SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED,
OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE
INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE
WEBSITE. YOUR
PARTICIPATION IN THE WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VCI OR
THROUGH THE WEBSITE, IT'S EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN. VCI ASSUMES NO RESPONSIBILITY
FOR ERRORS OR OMISSIONS IN THIS WEBSITE OR ANY OTHER WEBSITE WHICH
MAY BE REFERENCED OR LINKED TO THIS WEBSITE.
VCI DOES NOT
WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR
THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED.
VCI MAKES NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE
WEBSITE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE.
REFERENCES TO
TRADESHOWS, CORPORATIONS, THEIR SERVICES OR PRODUCTS ARE PROVIDED
"AS IS " WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED.
VCI IS NOT
RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT
IS CONTAINED OUTSIDE VCI'S SITE. As a convenience to our members,
we may provide links to resources which are beyond our control. We make
no representations as to the quality, suitability, functionality or
legality of any sites to which we may provide links, and you hereby
waive any claim you might have against VCI with respect to such
sites. You
understand that VCI does not operate,
control or endorse any information, products or services offered
by third parties on this
Website in any way. Except for VCI identified information,
products or services, all information, products and services
offered on the Website generally are offered by third parties that
are not affiliated with VCI.
BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING,
VCI MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE
ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH
ADVERTISEMENT. VCI specifically disclaims liability for direct,
consequential or incidental damages arising from such advertisements. By
posting a personal or classified advertisement on THE WEBSITE, you are promising
that the content of your advertisement is true and that you will
indemnify VCI against any claims which may arise from your
advertisements. By responding to a classified or personal advertisement
on the Website, you waive any claims against VCI for damages arising from
such advertisement or your reliance upon statements in such
advertisement.
ANY AND ALL PORTIONS
OF THIS DISCLAIMER SHALL AUTOMATICALLY APPLY TO ALL IMPROVEMENTS
AND/OR AMENDMENTS AND/OR MODIFICATIONS AS THEY APPEAR ON THE WEBSITE.
Limitation of
Liability
IN NO EVENT SHALL VCI BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE
POSSIBILITY OF DAMAGE, OR UNDER ANY THEORY OF LIABILITY, ARISING
OUT OF OR IN CONNECTION WITH THE USE, COMMUNICATION OR
TRANSMISSION OF THIS INFORMATION. THE INFORMATION INCLUDED IN THIS
WEBSITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR
TYPOGRAPHICAL ERRORS. If you are dissatisfied with the Website or with any terms,
conditions, rules, policies, guidelines or practices of VCI in
operating the Website your sole remedy is to discontinue using the
Website.
E-Mail Message Storage
VCI assumes no responsibility for the
deletion of or failure to store e-mail messages.
Promotional Messages
VCI and/or third parties may, from
time to time, send e-mail messages to you containing advertisements,
promotions, etc. VCI makes no representation or warranty with
respect to the content of any such e-mail messages or any goods or
services which may be obtained from such third parties, and you agree
that neither VCI nor such third party shall have any liability with
respect thereto.
Indemnification
You agree to
indemnify and hold each of VCI, their parents, subsidiaries,
affiliates, officers, directors and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of your use of the Website, the violation of these Terms
& Condition by you, or the infringement by you of any intellectual property or other right of any
person or entity.
Applicable Law
These Terms & Conditions shall be governed by and construed in accordance with the
laws of the State of Texas, without giving effect to its conflict of
laws provisions.
Remedies for Breach of these Terms & Conditions by You
In the event that VCI determines,
at its sole discretion, that you have breached any portion of these
Terms & Conditions, or have otherwise demonstrated conduct inappropriate
for the Website community, VCI reserves the right to (i) warn you
via e-mail that you have violated these Terms & Conditions; (ii) delete
any content provided by you or your agent(s) to the Website; (iii) delete all
content provided by you to the Website; (iv) discontinue your access,
use and subscription to the Website and its services; (v) notify and/or send content
to and/or fully cooperate with the proper law enforcement authorities
for further action; and/or (vi) any other action which VCI deems to
be appropriate.
Miscellaneous
In the event
that any provision of the Terms & Conditions conflicts with the law under
which the Terms & Conditions are to be construed or if any such provisions
are held invalid by a court with jurisdiction over the parties to the
Terms & Conditions, such provision will be deemed to be restated to
reflect as nearly as possible the original intentions of the parties in
accordance with applicable law, and the remainder of these Terms &
Conditions will remain in full force and effect.
The failure of
either party to insist upon or enforce strict performance by the other
party of any provision of the Terms & Conditions or to exercise any right
under the Terms & Conditions will not be construed as a waiver or
relinquishment to any extent of such party's right to assert or rely
upon any such provision or right in that or any other instance, rather,
the same will be and remain in full force and effect.
VCI may assign its rights and obligations under these
Terms & Conditions and
upon such assignment VCI may be relieved of any further obligation
hereunder.
You represent to VCI that you have the authority
to access, use and subscribe to the Website according to these Terms
& Conditions. VCI does
not encourage, solicit, or permit visitors who are known to be under the
age of 18 to access, use or subscribe to the Website's services.
These Terms
& Conditions and
any amendments or modifications (as such shall be identified when posted on
the Website by VCI) constitute the entire understanding between the parties
as to subject matter hereof, and supersede all prior agreements and
understandings. Any legally unenforceable provision of these Terms
& Conditions will, at the election of VCI, be deleted or modified to
correct the defect and, regardless, the remainder of the terms of these
Terms & Conditions will remain valid and enforceable.
VCI reserves the right to charge fees, surcharges and/or membership fees at
any time upon thirty (30) days prior written notice to
you.
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