These Terms and Conditions ("Terms") govern your access to and use of the website located at www.claimsfinderusa.com (the "Site"), operated by ClaimsFinder USA ("Company," "we," "us," or "our"). By accessing or using the Site, or by submitting any information through the Site, you agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not use the Site.
I. Acceptance of Terms
By using the Site, you represent and warrant that you are at least 18 years of age, have the legal capacity to enter into a binding agreement, and agree to comply with these Terms and all applicable laws and regulations. ClaimsFinder USA reserves the right, in its sole discretion, to modify or replace these Terms at any time. Your continued use of the Site following the posting of any changes constitutes acceptance of those changes.
II. Not Legal Advice; No Attorney-Client Relationship
ClaimsFinder USA is not a law firm and does not provide legal advice or legal services. The information available on the Site is for general informational purposes only and does not constitute legal advice. Use of the Site, submission of information through the Site, or communication with ClaimsFinder USA does not create an attorney-client relationship between you and ClaimsFinder USA or any law firm or attorney to whom your information may be referred. An attorney-client relationship is formed only upon the express written agreement of you and an attorney.
III. Attorney Advertising
The Site constitutes ATTORNEY ADVERTISING under the laws and rules of professional conduct of various jurisdictions. Prior results do not guarantee a similar outcome. The choice of a lawyer is an important decision and should not be based solely upon advertisements.
IV. Referral Services
ClaimsFinder USA operates as a free legal connection and referral service. Information you submit through the Site may be transferred to one or more independent, licensed attorneys or law firms for the purpose of evaluating your potential legal claim. ClaimsFinder USA does not guarantee that an attorney will accept your case, that your case has merit, or that you will recover any compensation. Any legal representation is between you and the independent attorney or law firm who accepts your case.
V. User Submissions and Accuracy
You agree that any information you submit through the Site will be true, accurate, current, and complete to the best of your knowledge. You are solely responsible for the accuracy of any information you provide. ClaimsFinder USA reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
VI. TCPA and Communications Consent
By submitting your contact information through the Site, you expressly consent to be contacted by ClaimsFinder USA, its marketing partners, attorneys, law firms, and their agents at the telephone number(s) and email address you provided, including by automatic telephone dialing systems, artificial or pre-recorded voice, SMS text messages, and email, even if your telephone number is listed on a state or federal Do Not Call list. Consent is not a condition of any purchase. Message and data rates may apply. You may revoke consent at any time as described in our Privacy Policy.
VII. Intellectual Property
All content on the Site, including text, graphics, logos, images, and software, is the property of ClaimsFinder USA or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site without the prior written consent of ClaimsFinder USA.
VIII. Prohibited Conduct
You agree not to:
- Use the Site in any manner that violates any applicable law or regulation;
- Use the Site to transmit any unsolicited or unauthorized advertising or promotional material;
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available;
- Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, by hacking, password mining, or any other illegitimate means.
IX. Third-Party Websites and Content
The Site may contain links to third-party websites and content that are not owned or controlled by ClaimsFinder USA. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that ClaimsFinder USA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites.
X. Disclaimers
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CLAIMFINDER USA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CLAIMFINDER USA DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
XI. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLAIMFINDER USA, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
XII. Indemnification
You agree to defend, indemnify, and hold harmless ClaimsFinder USA, its affiliates, and their respective officers, directors, employees, agents, and licensors, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.
XIII. Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Site (collectively, "Disputes") shall be determined by binding arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, and not in court. The arbitration shall be conducted by a single arbitrator in the State of California. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.
XIV. Class Action Waiver
YOU AND CLAIMFINDER USA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ClaimsFinder USA agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
XV. Governing Law
These Terms and any dispute arising out of or related to them or the Site shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. Subject to the binding arbitration provision above, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within California for any action not subject to arbitration.
XVI. Miscellaneous
These Terms constitute the entire agreement between you and ClaimsFinder USA with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The failure of ClaimsFinder USA to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Questions regarding these Terms should be directed to ClaimsFinder USA at info@claimsfinderusa.com.