1. Requirements. The Site and Services are not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age, you do not have permission to use and/or access the Site or Services. The Site, and the ability to apply for Services, are available only to individuals at least eighteen (18) years of age who can enter into legally binding contracts under applicable law, and whom are residents of the United States.
2. Agreement Acceptance. This Agreement constitutes the entire and only agreement between you and Company with respect to your use of this Site and the Services, and supersedes all prior agreements, representations, warranties and/or understandings with respect to the Site and Services. As such, you agree to the terms and conditions set forth in this Agreement with respect to your use of the Site and Services. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site or Services. By your continued use of the Site and Services, you hereby agree to comply with and be bound by all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the dispute resolution provisions, which shall be governed by the dispute resolution provisions in effect at the time of the subject dispute).
4. SMS Terms.
Applicability. In addition to offers and services from our Third Party Service Providers, your submission of Site Registration Data will also enroll you to receive recurring text message offers from Company (the “Program”). Please read these SMS Terms carefully. By enrolling in the Program, you agree to these SMS Terms. Do not enroll in the Program if you do not agree to be bound by these terms.
Consent. By enrolling in the Program, you consent for Company to use an automated system to send marketing text messages to the telephone number(s) you provided at enrollment. You acknowledge that your consent to receive these messages is not required to purchase any goods or services.
Program Cost. The Company does not charge any fee to participate in the Program. Message and data rates may apply as provided in your mobile telephone service plan (please contact your mobile carrier for details).
Opt-Out. You may opt-out of the Program by texting STOP in the text message thread from Company. Please not that opting-out will unenroll you from the Program, and not other text messages or phone calls that you may receive from our Third Party Service Providers that may contact you. You may separately contact each Third Party Service Provider to change your communication preferences.
Your Mobile Number & Indemnification. You represent that you are the account holder for the mobile telephone number you provided and that you are a United States resident 18 years of age or older. If your phone number changes, you must notify Company immediately at email@example.com. You agree to indemnify Company for all claims, expenses and damages related to or caused in whole or in part by your failure to notify Company immediately of a change in your telephone number.
6. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site is strictly prohibited. Retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Site. The posting of information or material on the Site by Company does not constitute a waiver of any right in such information and/or materials. The Site name and logo, and all associated graphics, icons and service names, are trademarks of Company. All other trademarks are the property of their respective owners. The use of any trademark without the applicable trademark owner’s express written consent is strictly prohibited.
7. License Grant. You are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. Company may terminate this license at any time for any reason. You may use the Site on one computer for your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site or any portion thereof. Company reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on Company infrastructure. Your right to use the Site is not transferable.
8. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law. Company will pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law.
9. Modification. Company reserves the right to edit, modify, or delete any documents, information or other content appearing on the Site at our sole discretion.
10. Indemnification. You agree to indemnify and hold Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, owners, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorney’s fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or Services; (b) your breach of the Agreement; (c) any dispute between you and any Third Party Service Providers; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 9. are for the benefit of the Company, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, owners, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
11. Disclaimer of Warranties. The Site, Services and/or any other products and/or services that you may apply for through the Site are provided to you on an “as is” and “as available” basis and all warranties, express and implied, are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). In particular, but not as a limitation thereof, Company makes no warranty that: (a) the Site, Services and/or any other products and/or services that you may apply for through the Site will meet your requirements; (b) the Site, Services and/or any other products and/or services that you may apply for through the Site will be uninterrupted, timely, secure or error-free; (c) you will qualify for Services from our Third Party Service Providers; or (d) the results that may be obtained from the use of the Site, Services and/or any other products and/or services that you may apply for through the Site will be accurate or reliable. The Site, Services and/or any other products and/or services that you may apply for through the Site may contain bugs, errors, problems or other limitations. We will not be liable for the availability of the underlying internet connection associated with the Site. No advice or information, whether oral or written, obtained by you from Company, its Third Party Service Providers or otherwise through or from the Site, shall create any warranty not expressly stated in the Agreement.
12. Third Party Websites. The Site may provide link out or refer you to third party websites. Company has no control over such third party websites, and therefore you hereby acknowledge and agree that Company is not responsible for the availability of such third party websites and/or resources, including but not limited to those of its Third Party Service Providers. Company does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
13. Limitation of Liability. You expressly understand and agree that Company shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential and/or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), to the fullest extent permissible by law for: (a) the use or the inability to use the Site, Services and/or any other products and/or services that you may apply for through the Site; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information and/or Services purchased or obtained from, or transactions entered into through the Site; (c) the failure to qualify for Services from our Third Party Service Providers; (d) the unauthorized access to, or alteration of, your Registration Data; and (e) any other matter relating to the Site, Services and/or any other products and/or services that you may apply for through the Site. This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and any and all other torts. You hereby release Company and its Third Party Service Providers from any and all obligations, liabilities and claims in excess of the limitations stated herein. If applicable law does not permit such limitations, the maximum liability of Company to you under any and all circumstances will be three hundred dollars ($300.00). The negation of damages set forth above is a fundamental element of the basis of the bargain between you and Company. The Site, Services and/or any other products and/or services that you may apply for through the Site would not be provided to you without such limitations.
14. E-Sign Consent.
By clicking the “submit” button on the Site, you adopt such as your electronic signature, and consent and agree that: Company may provide you with electronic communications and disclosures (collectively, “Communications”) via email, by making them accessible on this Site or other website designated by Company; and your electronic signature on agreements and documents has the same effect as if you signed them in writing.
You may withdraw your consent to receive electronic Communications at any time by contacting us at firstname.lastname@example.org. Withdrawal of your consent to receive electronic Communications may result in termination of your access to the Site and/or Services. Any withdrawal be effective only after we have a reasonable period of time to process your withdrawal.
You are responsible for providing us with true and accurate information, including contact information, and to maintain and update any such contact information.
To access and retain the electronic Communications, you will need the following: access/use of a computer or mobile device with internet or mobile connectivity and an operating system capable of receiving, accessing, and displaying Communications; an internet browser that we support; sufficient storage space to save Communications and/or a printer to print them; and a valid email account and software to access such email account. You have the right to receive Communications in paper form. Please contact us at email@example.com to request a paper copy of any Communications at no charge. A request will not be treated as withdrawal of consent to receive electronic Communications.
15. Dispute Resolution Provisions. Any controversy, claim or dispute arising out of or related to these terms and conditions or your use of the Site, Services, or the Program, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If the parties are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute by sending notice demanding arbitration to the other party as the exclusive means to resolve a Dispute. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim or facts forming the basis of the Dispute. The arbitration shall be initiated and conducted according to American Arbitration Association rules and procedures for consumer arbitration (if you are a consumer) or commercial arbitration (if you are a business) (the “Arbitration Rules”). The arbitration shall be conducted in Franklin County, Ohio before a single neutral arbitrator appointed in accordance with the Arbitration Rules with the option to appeal the arbitrator’s decision to an Optional Appellate Arbitration in accordance with the Arbitration Rules. The arbitrator shall not have the power to award punitive damages against any party. To the fullest extent permitted by applicable law, arbitration costs and fees shall be divided equally between the parties. To the fullest extent permitted by applicable law, attorneys’ fees shall be borne by each party independently and no party shall be liable for the attorneys’ fees of the other party. Notwithstanding the foregoing, if the arbitrator determines that a filed Dispute is frivolous, the arbitrator, applying applicable law, may award the prevailing party its attorneys’ fees and costs. No disputes may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION OR SIMILAR PROCEDURAL DEVICE; WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW; AND WAIVES ANY RIGHT TO BRING A DISPUTE MORE THAN ONE YEAR FROM WHEN IT KNEW OR SHOULD HAVE KNOWN OF THE CONTROVERSY, CLAIM, OR FACTS FORMING THE BASIS OF THE DISPUTE. Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof.
You may opt out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site. Thereafter, these dispute resolution provisions shall be final and binding. Opt-out here: https://myinjuryclaimcenter.com/unsubscribe/
16. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Company and governs your use of the Site and Services, superseding any and all prior and/or contemporaneous agreements between you and Company. To the extent that anything in or associated with the Site, the Services, and/or any Company offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
17. Contact Us. If you have any questions about the practices of the Site or this Agreement, please e-mail us at firstname.lastname@example.org, or send a letter to My Injury Claim Center: 40 E Main Street #1176,Newark, DE 19711
Opt-out from receiving any emails here: https://myinjuryclaimcenter.com/unsubscribe