Terms and Conditions of Service
Last revised November 5, 2009
Please read these Terms of Service ("Terms") carefully as they contain the legal terms and conditions that you agree to when you use the Service provided to you by CBW Claims, Inc. (“CBW Claims”, “we” or “us”), provided through www.cbwclaims.com and derivative sites on which these Terms are posted (the “Service”).
These Terms represent a legal agreement ("Agreement") made between you and us. This Agreement, as it may be amended from time to time, applies to all users of www.cbwclaims.com (the "Website").
OPERATOR. The Service is operated by CBW Claims, Inc., a California corporation.
PURPOSE OF THE SERVICE. CBW Claims offers claims management services in which insurance claims adjusters can manage their claims, and the insured persons can review the information entered by their claims adjusters, as well as click through to the store or stores which provided the purchase price for applicable items in order to purchase the items.
REGISTRATION. You may not register to use the Service if you are under the age of 18 or you are not able to form legally binding contracts. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account. Please read this Agreement carefully before registering for the Service. By registering for the Service, you become a user of the Service (a "User"), and you agree to be bound by these Terms every time you use the Service. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT REGISTER FOR THE SERVICE. THESE TERMS ARE SUBJECT TO CHANGE BY US AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THESE TERMS ON THE WEBSITE.
By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. You further represent, warrant and agree that your account for the Service is for your sole use. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
FEES. Although you may register as a User of the Service at no cost, after you have used the Service for five (5) claims or thirty (30) days, whichever comes first, you must pay the fees that are set forth in our price list for any subsequent uses. The price list is part of this Agreement and we reserve the right, at any time, to change any fees or charges for using the Service. By becoming a User of the Service, you hereby agree to pay the fees or charges that apply for such use, and you further acknowledge, agree and authorize CBW Claims to charge your credit card or debit card on file, or charge such fees to your bank account via ACH for each claim to which fees apply, and you hereby agree to pay such fees.
PASSWORD. When you register as a member you will be assigned a password or asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify CBW Claims immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
MONITORING OF CONTENT. CBW Claims does not control the content of users’ accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.
TERM AND TERMINATION. This Agreement will remain in full force and effect while you use the Service. You may terminate your account at any time by sending us written or email notice of termination, or you may simply discontinue use of the Service. We may terminate your account at any time, for any reason, with or without explanation, effective upon sending written or email notice to you. In the event that (a) you terminate your subscription or account, or (b) we determine, in our sole discretion, that you have violated this Agreement or our posted Privacy Policy, CBW Claims may delete any content stored in your account, and you shall not be entitled to, nor shall we be liable to you for, any refund of any unused portion of any payments we have received from you, and we may continue to bar your use of the Service in the future. Even after your account is terminated, this Agreement will remain in effect.
AVAILABILITY. CBW Claims uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond our control. Every reasonable step will be taken by us to minimize such disruption where it is within the reasonable control of CBW Claims. You agree that CBW Claims shall not be liable to you for any modification, suspension or discontinuance of the Service. You are responsible for creating backups of any content you post to the Service.
PRIVACY. We have a firm commitment to safeguarding your privacy. Please review our Privacy Policy. The terms of our privacy policy are incorporated into, and considered part of, these Terms.
EXTERNAL LINKS. From time to time the Website may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that CBW Claims is not liable for any loss or damage that you may suffer by using other websites.
AMENDMENT OF TERMS. We reserve the right to amend these Terms from time to time. If you have registered as a User, we shall notify you of any material changes to these Terms by posting a current version of the Terms to the Website. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY. THE SERVICE, THE WEBSITE AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, CBW CLAIMS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON THIS SITE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY INFORMATION TO THE WEBSITE, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF YOUR INFORMATION OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR INFORMATION.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE OUR WEBSITE OR THE SERVICE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICE OR PRODUCTS OFFERED ON OR VIA THE SITE, EVEN IF CBW CLAIMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, CBW CLAIMS’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED THE AMOUNTS PAID BY YOU TO CBW CLAIMS FOR USE OF THE SERVICE.
YOUR USE OF THE SERVICE. As a User, you agree that:- (1) You will use the Service in a manner consistent with any and all applicable laws and regulations.
- (2) You are solely responsible for the content or information you publish or display (hereinafter, "post") on the Service, or transmit to any claimants. You will not post on the Service, or transmit to any claimant or to us or our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or any material that is otherwise objectionable.
- (3) You will not upload, post, email or otherwise transmit any material which is likely to cause harm to CBW Claims or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service.
- (4) You will not use the Service to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity.
- (5) You will not use the Service to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information.
- (6) You further agree that you shall not (a) interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; (b) provide any information to CBW Claims that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or (c) resell the Service or any portion of the Service.
- (7) By becoming a User, you agree to accept and consent to receiving email communications initiated from us or through us including, without limitation: emails relating to a specific claim, emails informing you of changes to the Service and emails informing you of promotions that either we provide or that are being provided by third parties. If you choose to respond to promotions that are provided by third parties and in the course of doing so, disclose information to any external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their private policies. Emails informing you of changes to the Service or emails relating to a specific claim being managed by you on the Service are provided by us as part of the operation of the Service and you will receive these messages for as long as you are a User. Should you not wish to receive any of our email communications, please do not register with us for the Service. However, you may opt-out of receiving Email communications sent from us or through us offering you third party goods or services. [To learn how to do so, visit the Help section of the Website.]
- (8) You agree that we have no responsibility or liability for the deletion, corruption or failure to store any content maintained or transmitted by our Service. You acknowledge that features, parameters or other services we provide may change at any time. You acknowledge that we reserve the right to sign out, terminate, delete or purge your account from the Service if it is inactive. "Inactive" means that you have not signed in to the Service for a particular period of time, as determined by us, in our sole discretion.
INDEMNITY BY MEMBER. You will defend, indemnify, and hold us and our officers, directors, employees, agents and third parties harmless, for any losses, costs, liabilities or expenses relating to or arising out of your use of the Service, including: (I) your violation of these Terms of Service; (II) any allegation that any materials that you submit to us or transmit to the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (III) the use or misuse of the Service by you or any other person who accesses the Service using your account. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
RELEASE. If you have a dispute with any of your claimants, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
INTELLECTUAL PROPERTY. All intellectual property rights in and to the Service are and shall be owned by us, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Service are the property of their respective owners. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in connection with your use of the Service in compliance with these Terms
DISPUTE RESOLUTION. To resolve a complaint regarding the Service, you should first contact our customer service department by e-mailing us at customerservice@cbwclaims.com. This Agreement is governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and exclusive venue in the state and federal courts of the State of California, City of Los Angeles with regard to any and all claims by you arising out of or related to the Website. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
WAIVER AND SEVERABILITY OF TERMS. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. In such case, the other provisions of this Agreement shall remain in full force and effect.
You certify that you have read and that you agree to be bound by the terms and conditions in this Agreement and our Privacy Policy.