Claims Captain™ Terms of Service Welcome to Claims Captain! By using Claims Captain's products, software, services or web sites ("Claims Captain services"), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the "Terms"). We may update the Terms in the future, and you will be able to find the most current version of this agreement at http://www.Claims Captain.com. 1. USE OF SERVICES Claims Captain Inc., its subsidiaries and affiliated companies, including your domain administrator ("Claims Captain") offer Claims Captain services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Claims Captain services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Claims Captain of any unauthorized use of your password or account or any other breach of security. Claims Captain cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure. 2. APPROPRIATE CONDUCT You understand that all information, data, text, software, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. Claims Captain reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via Claims Captain services. You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using Claims Captain services and for any consequences thereof. You agree to use Claims Captain services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Claims Captain services or servers or networks connected to Claims Captain services. To report any activity or Content that may violate the Terms, please email customerservice@claimscaptain.com In addition to this agreement, your use of some specific Claims Captain services is governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement. You agree to comply with your company's data usage and privacy policies. 3. CLAIMS CAPTAIN PRIVACY POLICY For information about our data protection practices, please see our Privacy Policy at http://www.Claims Captain.com. By using Claims Captain services, you acknowledge and agree that Claims Captain may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of Claims Captain, its users or the public as required or permitted by law. You understand that the technical processing and transmission of Claims Captain services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services. You also understand and agree that your domain administrator may have access to your account and its content, and may suspend or terminate your account access and your ability to modify your account. 4. PROPRIETARY RIGHTS Claims Captain's Rights You acknowledge and agree that Claims Captain services and any necessary software used in connection with Claims Captain services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through Claims Captain services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Claims Captain or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, Claims Captain services or Software, in whole or in part except as specifically authorized in a separate written agreement. Subject to the Terms, Claims Captain grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by Claims Captain in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Claims Captain services. You agree not to access Claims Captain services by any means other than through the interface that is provided by Claims Captain for use in accessing Claims Captain services except as specifically authorized in a separate written agreement. Except as expressly authorized by Claims Captain you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter Claims Captain's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Claims Captain services or Software. Your Rights Claims Captain claims no ownership or control over any Content submitted, posted or displayed by you on or through Claims Captain services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Claims Captain services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Claims Captain services which are intended to be available to the members of the public, you grant Claims Captain a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on Claims Captain services for the purpose of displaying, distributing and promoting Claims Captain services. Claims Captain reserves the right to syndicate Content submitted, posted or displayed by you on or through Claims Captain services and use that Content in connection with any service offered by Claims Captain. Claims Captain furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted. 5. SOFTWARE AND AUTOMATIC UPDATES Your use of any Software provided by Claims Captain will be governed by the Terms and any additional terms and conditions of the end user license agreement accompanying such Software. Claims Captain Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop Claims Captain services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions. 6. POLICIES REGARDING COPYRIGHT AND TRADEMARKS It is our policy to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act or other applicable law and to terminating the accounts of repeat infringers. For more information, please go to http://www.Claims Captain.com. For information regarding our trademark complaint procedure, please go to http://www.Claims Captain.com. Any use of Claims Captain's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with the Terms and in compliance with Claims Captain's then current Brand Feature use guidelines, and any content contained or reference therein, which may be found at the following URL: http://www.Claims Captain.com (or such other URL Claims Captain may provide from time to time). 7. GENERAL PRACTICES REGARDING USE AND STORAGE You agree that Claims Captain has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Claims Captain services. You acknowledge that Claims Captain may have set no fixed upper limit on the number of transmissions you may send or receive through Claims Captain services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice. Upon the termination of your use of Claims Captain services, including upon receipt of a certificate or other legal document confirming your death, Claims Captain will close your account and you will no longer be able to retrieve content contained in that account. 8. PERSONAL NON-COMMERCIAL USE You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Claims Captain services, use of Claims Captain services, or access to Claims Captain services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement. 9. MODIFICATIONS TO SERVICE Claims Captain reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Claims Captain services (or any part thereof) with or without notice. You agree that Claims Captain shall not be liable to you or to any third party for any modification, suspension or discontinuance of Claims Captain services. 10. TERMINATION You may discontinue your use of Claims Captain services at any time. You agree that Claims Captain may at any time and for any reason, including a period of account inactivity, terminate your access to Claims Captain services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Claims Captain services, your account or any files or other content contained in your account. 11. ADVERTISEMENTS Some Claims Captain services are supported by advertising revenue and may display advertisements and promotions on the service. Such advertisements may be targeted to the content of information stored on the Claims Captain services, queries made through Claims Captain services or other information. The manner, mode and extent of advertising by Claims Captain on its services are subject to change. As consideration for your use of Claims Captain services, you agree that Claims Captain may place such advertising and that Claims Captain shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on Claims Captain services or your subsequent dealings with advertisers. 12. LINKS Claims Captain services may provide, or third parties may provide, links to other World Wide Web sites or resources. Claims Captain may have no control over such sites and resources and you acknowledge and agree that Claims Captain is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Claims Captain 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 use of or reliance on any such Content, goods or services available on or through any such site or resource. 13. INDEMNITY You agree to hold harmless and indemnify Claims Captain, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "Claims Captain and Partners") from and against any third party claim arising from or in any way related to your use of Claims Captain services, violation of the Terms or any other actions connected with use of Claims Captain services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Claims Captain will provide you with written notice of such claim, suit or action. 14. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF CLAIMS CAPTAIN SERVICES IS AT YOUR SOLE RISK. CLAIMS CAPTAIN SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLAIMS CAPTAIN AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. CLAIMS CAPTAIN AND PARTNERS DO NOT WARRANT THAT (i) CLAIMS CAPTAIN SERVICES WILL MEET YOUR REQUIREMENTS, (ii) CLAIMS CAPTAIN SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CLAIMS CAPTAIN SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH CLAIMS CAPTAIN SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF CLAIMS CAPTAIN SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLAIMS CAPTAIN OR THROUGH OR FROM CLAIMS CAPTAIN SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 15. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT CLAIMS CAPTAIN AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CLAIMS CAPTAIN OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE CLAIMS CAPTAIN SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM CLAIMS CAPTAIN SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON CLAIMS CAPTAIN SERVICES; OR (v) ANY OTHER MATTER RELATING TO CLAIMS CAPTAIN SERVICES. 16. EXCLUSIONS AND LIMITATIONS NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 17. NO THIRD PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms. 18. NOTICE You agree that Claims Captain may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Claims Captain services. 19. GENERAL INFORMATION Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Claims Captain and govern your use of Claims Captain services, superseding any prior agreements between you and Claims Captain for the use of Claims Captain services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Claims Captain services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The Terms and the relationship between you and Claims Captain shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Claims Captain agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Broward, Florida. Waiver and Severability of Terms. The failure of Claims Captain to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Claims Captain services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings in the Terms are for convenience only and have no legal or contractual effect.