Terms & Conditions
THE ACCEPTANCE OF THIS BUSINESS LISTING AGREEMENT: is
between “YOU” and “INSURANCE CLAIM CONTRACTOR GROUP
LLC.” Customers must signify the acceptance of the
agreement by clicking the “I ACCEPT” button at the
bottom of the signup form. The effective date of the
agreement is the date your listing is accepted by
Insurance Claim Contractor Group LLC as indicated by you
listing becoming “LIVE” on the directory.
1. Service
Insurance-claim-contractor.com provides internet
marketing and advertising to businesses through a
directory listing on the site.
2. Payments
Customers will pay Insurance Claim Contractor Group LLC
on an annual basis utilizing electronic payment through
a secure server. Payment for the first year of service
is due upon the implementation of the online signup
process.
In the event that the electronic payment is charged back
to Insurance Claim Contractor Group LLC, the Customer
will be billed a $25 return fee to the Customers account
electronically.
In the event that Insurance Claim Contractor Group LLC
does not receive payments owed by the Customer, within
thirty (30) days of implementation, it is the exclusive
discretion of Insurance Claim Contractor Group LLC to
delay or terminate the service.
3. Disclaimer; Limitation on Liability
In no event shall Insurance Claim Contractor Group LLC
be liable to any Customer or third party user on the
account for any claims or damages from the use of or
inability to access site information. Customers accept
that Insurance Claim Contractor Group LLC’s liability is
exclusively limited to the amounts paid to and received
by Insurance Claim Contractor Group LLC, for the
directory listing provided under this agreement.
Customers waive all rights of recovery for damages
whether actual, special, punitive or consequential, that
customers may accrue over and above said amounts,
including without limitation, damages for lost profits,
income or any other claims of third parties whatsoever
with respect to the listing(s). Some states do not allow
the exclusion or limitation of liability of
consequential or incidental damages, so the above
exclusions may not apply to all customers; in such
states liability is limited to the fullest extent
permitted by the law.
Customer shall not use the Site (including the Service
and the Listing) (a) for any illegal purpose, (b) to
transmit any illegal, harmful, threatening, defamatory,
scandalous, obscene, sexually explicit or graphic,
hateful or other objectionable or legally actionable
material of any kind (including private information
about a person without that person’s consent), (c) to
infringe, interfere with, abuse or otherwise violate the
legal rights of any third party, (d) to send spam, flame
or, introduce any trojan horses or viruses, or (e) for
telemarketing, direct marketing, or other similar
activities.
Listings are accepted upon the representation that
Customer has the right to publish the contents of the
Listing without infringement of any rights of any third
party. Customer agrees to indemnify and hold Insurance
Claim Contractor Group LLC harmless against any and all
expenses and losses of any kind (including reasonable
attorneys' fees and costs) incurred by Insurance Claim
Contractor Group LLC in connection with any claims of
any kind arising out of publication of the Listing
(including, without limitation, any claim of trademark
or copyright infringement, libel, defamation, breach of
confidentiality, false or deceptive advertising or sales
practices) and/or any material of Customer to which
users can link through the advertisement. Without
limiting the foregoing, Customer agrees to notify
Insurance Claim Contractor Group LLC in writing
immediately in the event that any warranties and
representations contained in this Agreement are no
longer true.
4. Responsibilities of User.
Customer is solely responsible for (a) ensuring that the
Listing does not contain any data or information which
violates any law or regulation; (b) any content provided
by or for Customer to Insurance Claim Contractor Group
LLC, including, but not limited to, the accuracy and
availability of the Listing; (e) providing assistance to
those who access the Listing; and (f) following the
terms of use posted on the Site that are hereby
incorporated by reference into this Agreement, as they
may be changed from time to time by Insurance Claim
Contractor Group LLC in its sole discretion. .
5. Property Rights.
Insurance Claim Contractor Group LLC owns all right,
title and interest in and to (a) Insurance Claim
Contractor Group LLC’s trade names, service marks,
inventions, copyrights, trade secrets, patents, and
know-how relating to the design, function, or operation
of the Service or the Site and of the hardware and
software systems and resources necessary to provide the
individual elements of which they consist. Customer is
expressly prohibited from reproducing, distributing,
republishing or retransmitting any materials posted at
the Site or stored on insurance-claim-contractor.com’s
servers, including all graphic designs, style templates,
icons, HTML code and other graphic elements without
Insurance Claim Contractor Group LLC’s prior written
consent. This Agreement does not constitute a license to
use Insurance Claim Contractor Group LLC’s trade names
or marks. Any such license, if granted, must be the
subject of a separate written agreement.
6. Term; Termination.
The term of this Agreement will begin when Insurance
Claim Contractor Group LLC accepts Customer’s Listing
and will end upon the earlier of the Listing expiration
date or when otherwise terminated hereunder. This
Agreement may be terminated by the parties as follows:
(a) Customer may terminate this Agreement within the
first thirty (30) days of this Agreement with or without
cause by providing thirty (30) days written notice of
termination. (b) InsuranceClaimContractor.com may
terminate this Agreement with or without cause by
providing thirty (30) days written notice of
termination. (c) Unless otherwise provided for in this
Agreement, InsuranceClaimContractor.com may terminate
this Agreement immediately if, based on Insurance Claim
Contractor Group LLC’s sole judgment, it determines that
Customer has breached this Agreement. Insurance Claim
Contractor Group LLC’s failure to enforce performance of
any provision in this Agreement will not constitute a
waiver of Insurance Claim Contractor Group LLC’s right
to subsequently enforce such provision or any other
provision of this Agreement. In the event either party
terminates this Agreement,(i) Customer shall pay
Insurance Claim Contractor Group LLC all fees
outstanding as of the date of such termination (ii)
Insurance Claim Contractor Group LLC may, in its
discretion, make or maintain, copies of Customer’s data
files and records for archival purposes only and (iii)
the following provisions shall survive in accordance
with their terms: 4, 5, 7, and 8.
7. Miscellaneous.
This Agreement (i) shall be governed by and construed in
accordance with the laws of the State of Connecticut,
without giving effect to principles of conflicts of law,
(ii) may be amended by Insurance Claim Contractor Group
LLC upon ten (10) days written notice to Customer and
may not otherwise be amended except by written agreement
executed by both parties; (iii) constitute the complete
and entire expression of the agreement between the
parties, and shall supersede any and all other
agreements, whether written or oral, between the
parties; and (iv) may not be assigned or transferred by
Customer without Insurance Claim Contractor Group LLC’s
prior written consent.
8. Severability.
The provisions of this Agreement shall be valid and
enforceable to the fullest extent permitted by law. If
any provision of this Agreement is invalid or
unenforceable, the remainder of this Agreement, shall
not be affected by such invalidity or unenforceability,
unless such provision or the application of such
provision is essential to the Agreement. |
