Terms Of Use

Acceptance of Terms of Use

 

The Claimwire.com website (the “Website”) is owned and operated by Claimwire, LLC (the “Company”).  The Website is designed to provide users with access to a collection of on-line workers’ compensation resources, including various forms, vendor information, workers’ compensation rules and guidelines, and claim reporting information and helps users find and share their relationships.  The Company provides you with access to its Website subject to the following Terms of Use, which may be updated from time to time with or without prior notice to you.  

You can review the most current version of these Terms of Use at any time at the Website.  PLEASE READ THESE TERMS OF USE CAREFULLY.  By accessing this Website (including, but not limited to, by uploading, posting, emailing, transmitting or otherwise submitting text, photographs, graphics, data, files, links, information, messages or other materials (the “Content”)), you agree that you have read and understand these Terms of Use and any posted updates and that you accept and agree to be bound by them.  If you do not wish to be bound by these Terms of Use, please do not continue to use, or to participate in any manner, in this Website.

Registration

You may browse the Website without registration, but you understand that some features of the Website may not be accessible to you unless you register. Before you register for an account with the Website, you must accept and agree to be bound by these Terms of Use.  In registering for the Website, you will agree to: (a) provide information about yourself as prompted by the registration form (the “Registration Data”), that is true, accurate, current and complete; (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (c) certify if you are an individual that you are 18 years of age or older, or if you are an entity that you have the authority to bind your company or organization to these Terms of Use; (d) provide an accurate email address to which all communications with the Company concerning your registration account may be directed; and (e) abide by these Terms of Use and all other guidelines and policies posted by the Company on this Website.  If you provide any information that is untrue, inaccurate, not current or incomplete or that is not in compliance with the Company’s Terms of Use or other guidelines and policies, or if the Company has reasonable grounds to suspect that this is the case, the Company has the right to suspend or terminate your account, and to refuse any continued or future use of the Website by you.

Member Account, Password and Security

You will provide your email address and other information about you or your entity and create or receive a password in order to register for an account on the Website.  You are responsible for maintaining the confidentiality of the password and account and for all activities that occur under your password or account.  You agree to notify the Company immediately of any unauthorized use of your password or account or any other breach of security.  You may not transfer your account to anyone or permit anyone to access your account. You agree not to impersonate any other person or entity when registering, and not to create an account for anyone other than yourself without permission.

Protection of Privacy

Information you give about yourself and Content that you may post on the Website is subject to our Privacy Policy.  Please read our privacy practices carefully before continuing. 

Posting of Content on the Website

When posting Content on the Website, you agree to respect the rights of others and to strictly abide by these Terms of Use and all other policies and guidelines posted by the Company on this Website, including, but not limited to, any Submission Guidelines that may be posted by the Company on the Website from time to time.  In particular, you agree that you will not upload, post, email, transmit or otherwise make available any Content that:

a.  is false, inaccurate, outdated or incomplete;

b.  violates another’s right of publicity, right of privacy or any other right;

c.  infringes another’s intellectual property rights or other proprietary rights (including, but not limited to, any rights of copyright, trademark, trade secret or patent) or otherwise violates the law;

d.  is defamatory, libelous, obscene, harmful, threatening, hateful, bullying, abusive, violent, discriminatory or otherwise objectionable as determined by the Company in its sole discretion; 

e.  you do not have the right to make available under any law or under contractual or fiduciary relationships, such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;

f.  links or refers to any Content that is not allowed under these Terms of Use or the Company’s Submission Guidelines;

g.  is confidential; or

h.  contains viruses or any other computer code, files or programs designed to interrupt, limit or destroy the functionality of any computer hardware or software.         

You agree that you will be solely responsible for any Content that you upload, post, email, transmit, link or refer to or otherwise make available on the Website and for verifying the accuracy and ownership of such Content.  The Company will not be liable in any way for such Content and any loss or damage that may be incurred as a result thereof.  

In the event that any Content that you upload, post, email, transmit, link or refer to or otherwise make available on the Website violates these Terms of Use or any other policies or guidelines posted by the Company on this Website, such Content may be removed and you may be barred from any future use of this Website.  You may also incur civil or criminal liability.

Removal of Content from the Website

You acknowledge and agree that the Company will have the right but not the obligation to monitor, edit or remove any Content that the Company deems, in its sole discretion, to be in violation of these Terms of Use or any other policies or guidelines posted by the Company on this Website, or to otherwise be objectionable or unlawful or to subject the Company to liability.  Company will also have the right to monitor, edit or remove any Content that is the subject of a third-party complaint or report.  The Company will terminate in appropriate circumstances the accounts of any users of the Website who are repeat infringers.

 

Content

The Company and its suppliers may continually upgrade and revise the Content and services provided through the Website. The Company may revise, discontinue or modify Content or services at any time without prior notice to members, and products or services may become unavailable without notice.

The Company’s Ownership of this Website

You acknowledge and agree that the Website contains proprietary or confidential information that belongs exclusively to the Company (the “Website Content”) and is protected by applicable copyright, trademark, patent, trade secret or other proprietary rights and laws.  You are not authorized to reproduce, republish, distribute, transmit, modify, sell or otherwise use the Website Content, or to create derivative works based on the Website Content, in whole or in part, without the Company’s express written authorization.  Without limiting the foregoing, you are not authorized to use the Website Content in order to harass, abuse or harm others, or in a way that otherwise exceeds the scope of your authorized access to this Website.  In addition, you are not authorized to use, access, search or obtain data from this Website or the Website Content by using any deep-link, framing, page scrape, robot, spider or other automatic device, program, algorithm or similar methodology.  The Company grants you a personal, non-transferable and non-exclusive right and license to use the Website Content subject to all other terms of use herein.  Any unauthorized use terminates the permission or license granted by the Company.

The Claimwire.com logo and associated names are trademarks or registered trademarks of the Company (the “Claimwire Marks”).  You are not authorized to display or use in any manner any Claimwire Mark without our prior written consent.

Use of Content Posted on Website

In order for the Company to use certain of the Content and operate the Website, you agree to grant the Company a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide right and license to use the Content for any purpose (the “License”), including, but not limited to, promoting, reproducing, modifying, transmitting and/or redistributing works based on the Content and/or the Website (and any derivative works created therefrom), and making the Content available to the others, in any and all media now known or hereinafter devised.

Modifications to the Website

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.  In addition, the Company reserves the right to terminate your account for good reason, including, for example, if the Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.  THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

THE COMPANY DOES NOT GUARANTEE THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE CONTENT OR OTHER INFORMATION THAT IS CONTAINED IN THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.  

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.  YOU SHOULD CONFIRM ANY INFORMATION PRESENTED ON THIS WEBSITE BEFORE RELYING ON IT IN ANY WAY.

Limitation of Liability

 

IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION WILL APPLY TO DAMAGES FROM ANY CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE.  IN NO EVENT WILL THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.  THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WITHOUT LIMITATION TO THE FOREGOING, UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE IN ANY WAY FOR ANY CONTENT, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT UPLOADED, POSTED, E-MAILED, TRANSMITTED, LINKED OR REFERRED TO, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

Information Sent to Us

We welcome your feedback and comments about the Website, but please do not submit any information, suggestions or materials that are confidential or proprietary.  We will not compensate you for any submissions that we use.  By making any such submissions, you grant the Company a perpetual, worldwide, irrevocable, royalty-free license to use those submissions in any way the Company deems appropriate.  You agree that you will not submit any materials that you do not have the right to make available under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), and you will be solely liable for any liability related to your submission of such materials.

Links

The Company does not make representations or warranties about any third-party website that you may access through this Website, including for example advertiser websites.  Any such site is independent from the Company and the Company does not endorse, monitor, have any control over or assume any liability for the information provided on or activities undertaken by any such website.  You must make your own decisions regarding your interactions or communications with any other site.    

Indemnification

You agree to defend, indemnify and hold the Company and any of its officers, directors, employees, agents, affiliates, subsidiaries, partners and licensors, harmless from and against any and all claims, actions, liabilities, costs or damages (including reasonable attorneys’ fees) asserted by any third party arising from or related to your use of this Website or conduct in connection therewith in violation of these Terms of Use or any other guidelines or policies posted by the Company on the Website.

Waiver and Severability

The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the court is to endeavor to give effect to the parties' intentions as reflected in the provision in issue, and the other provisions of these Terms of Use shall remain in full force and effect.

Choice of Law and Forum for Disputes

These Terms of Use and the relationship between you and the Company will be governed by the laws of the State of Utah, without regard to its conflict of law principles.  You agree to submit to the personal and exclusive jurisdiction of the courts located in Utah with respect to any claims arising from these Terms of Use or your use of the Website.

Entire Agreement

This Agreement, including any terms and conditions incorporated herein by reference, including but not limited to the Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements and understandings of the parties in connection with the subject matter hereof.

Our Contact Information

Claimwire, LLC

1331 S 700 E

Kaysville, UT 84037

888-512-4440