Terms of Service

Last Updated: May 8, 2024

Hello, we are Tooey, Inc. dba ClaimSpot. 

We envision a world in which all insurance claims are paid fairly, fully, and fast. These Terms of Use (“Terms”) provide the framework through which we can help make that vision a reality, so please read them carefully before agreeing to them and using our software platform, website, and services (collectively, the “Services”). 

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of these Terms, then you may not access or use the Service.

1. Who We Are

Tooey Inc. dba ClaimSpot (“we,” “ClaimSpot,” or “Company”), is a software platform through which parties  (“you,”  or  “Customer”)  can  create,  manage, and exchange documents related to insurance claims and the management thereof, communicate with other parties associated with or interested in insurance claims, and obtain information about insurance companies, claim processes, and the laws and requirements related thereto.  

As used in these Terms, Tooey Inc., ClaimSpot, we, or Company includes its directors, officers, shareholders, employees, writers, and any other agents or contractors. 

2. Who We Are Not

ClaimSpot is not a law firm, an insurance company, nor an adjusting company, and is not a substitute for any of the foregoing. ClaimSpot cannot and does not provide legal advice, adjusting services, or insurance coverage, and you must obtain those services through another party.

3. How to Contact Us

Our Mailing Address Is: 1628 State St., New Orleans, LA 70118
Our Telephone Number Is:
Our Email Is:

4. Use of ClaimSpot in General

Overview:
You understand agree that ClaimSpot is not a law firm, adjusting firm, or insurance company, and that it is a software company that provides software and services on a self-help basis. You understand that if you need the services of a law firm, adjusting firm, or insurance company, you need to obtain those services from a party other than ClaimSpot, and agree to do so. You agree that if you make or file an insurance claim using ClaimSpot that you are hiring ClaimSpot solely as your virtual assistant to provide or forward your information, and not as an attorney, adjuster, or other party representing you in any capacity. You also agree that these Terms govern the entire relationship between you and ClaimSpot.

More Detail:
These Terms govern the use of any and all of ClaimSpot’s Services, including but not limited to, its software platform, web properties, forms, data, information, resources, or any other service, as well as any communications with or exchange of information between you and ClaimSpot or its employees, between you and other customers, or between you and third parties through the ClaimSpot platform.

ClaimSpot provides software and services for your own self-help with respect to making and managing insurance claims, and communicating with stakeholders. The services and information we provide, and the content on our website is not legal advice, nor can we provide adjusting services related to any applicab;e loss. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of documents for processing or the information provided by you, or apply the law to the facts of your situation. Accordingly, you have a responsibility to understand your situation, the applicable laws and specific additional requirements, and how those laws and requirements apply to you, your insurance carrier, and your claim. If you need specific advice, it is your responsibility to obtain that advice from your own attorney. Your use of the Company’s services, information and publications is AT YOUR OWN RISK.

The Company provides a software platform, and makes no warranties or representations with respect to any action taken by you through the ClaimSpot software, including your right to send any document, or the effectiveness of any document chosen to be sent by you, or with respect to the veracity of any information provided by you to ClaimSpot, or other parties through your use of ClaimSpot.

Through acceptance of these Terms, if you send, file, make, or otherwise use or attempt to use ClaimSpot to assist with the creation of an insurance claim, you understand and specifically agree that you hire ClaimSpot, or any party designated by ClaimSpot for this purpose, virtual or otherwise, as your virtual assistant to relay or provide your information to interested third parties, including but not necessarily limited to your insurance carrier, and you specifically acknowledge and agree that ClaimSpot does not represent your interests in any capacity other than the mere passing of your information. You understand that ClaimSpot does not represent you as an attorney, adjuster, or any other party providing guidance or doing anything other than acting as a messenger for your information, for which you take full responsibility. You understand that if you need the services of an attorney or adjuster, or otherwise need advice or representation, that you must obtain that advice or representation on your own and outside of ClaimSpot.

In order to use ClaimSpot effectively, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. If your use of the Services requires an account and password, you alone are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You agree not to disclose your password to any third party.

You agree to use the Service only for lawful purposes and in accordance with these Terms.

You agree not to use the Service in any way that violates any applicable federal, state, local, or international law or regulation.

Further, you agree not to:

(a) Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service;

(b) Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service;

(c) Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent;

(d) Use any device, software, or routine that interferes with the proper working of the Service;

(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service;

(g) Attack the Service via a denial-of-service attack, a distributed denial-of-service attack, or by other similar or related means;

(h) Otherwise attempt to interfere with the proper working of the Service.

5. Intellectual Property

Overview:
The Company publishes many forms of content in multiple places, and creates many unique, proprietary, and useful tools, processes, algorithms, methods, features, and other protectable works designed to help you and other insurance claim stakeholders. We expect, and you agree, that the things the Company creates are the Company’s and that you will not take any of the Company’s things without getting specific approval. If you do take our property without authorization, there are penalties for doing so.

More Detail:
For purposes of these Terms, “content” is defined as any written or other information, data, communications, software, photos, video, graphics, music, sounds, compilations, databases, features and other material and services that can be viewed by users on our site. This includes message boards, chat, comments, and other original content.

ClaimSpot is the exclusive distribution channel for any content or information created or distributed by ClaimSpot. This website is the only website authorized to display or otherwise use in any manner the information displayed hereon, and the information created by ClaimSpot. This is a specific prohibition against “data scraping” for any use whatsoever to which you specifically agree. The use of automated systems or software to extract data from any ClaimSpot web property, or extracting such data manually, “data scraping” is specifically prohibited unless the third party has a written license agreement with ClaimSpot in which permits it access to ClaimSpot protected information, and in such case the use of any such information is directly governed by such written license agreement. 

You specifically agree to not “plagiarize” ClaimSpot’s content in any way – whether or not such plagiarizing constitutes or rises to the level of copyright infringement. You understand that you may not take or use ClaimSpot’s content, even if such content is re-arranged, re-formatted, broken up, or minimally re-worded. For the purposes of this prohibition against plagiarism, you specifically agree that publishing or otherwise using content that, by the totality of the circumstances appears to be substantially similar to ClaimSpot’s content, and which was published or otherwise used after ClaimSpot originally published the content to which it is substantially similar, creates a rebuttable presumption that such content was impermissibly taken from ClaimSpot. Additionally, you agree not to use any portion of ClaimSpot content in any manner as a prompt for any artificial intelligence query, or to enlist the assistance of any artificial intelligence entity to rewrite, modify, condense, summarize, or otherwise alter ClaimSpot’s content for your or another party’s use. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast, or otherwise exploit the Services, except as expressly permitted in these Terms.

The Services and its original content, features, and functionality are and will remain the exclusive property of ClaimSpot and its licensors. The Services are protected by copyright, trademark, service mark, patent, trade secret, and other laws of both the United States and foreign countries. All pages of Company’s web properties are marked with copyright or other intellectual property notice. Additionally, Company’s systems, processes, and methods are subject to protection as trade secrets, or, as applicable through patent. None of our intellectual property, including our copyrights, trademarks, trade dress, look-and-feel, patents, and trade secrets, may be used in connection with any product or service without the prior written consent of ClaimSpot.

You specifically agree that you will not make data extracted from the databases, websites, or any other location of the information or resources, available to third parties, or include the extracted data in a new database, website or compilation. For the purposes of calculating damages in the event of a violation of these intellectual property protections, each individual violation shall be treated as a separate infringing act or event, and an “individual violation” is defined as each specific non-permitted use of the Company’s information, data, and resources – such that each individual page-view or other method by which the infringing content was viewed by a third-party constitutes an individual violation. For the purposes of the foregoing you agree that each record of data is considered separately, specifically, that each chart, compilation of state statute, frequently asked question, blog post, and/or webpage (or part thereof) used in a non-permitted manner is considered separately in determining the number of individual violations as to each.

You hereby explicitly agree you will not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how or other information from the Company’s services, technology, products, code, etc. (collectively, “Reverse Engineering”) or permit or induce the foregoing. If however, directly applicable law prohibits enforcement of the foregoing, you may engage in Reverse Engineering solely for purposes of obtaining information to the limited extent permitted by directly applicable law, but only if: (a) Reverse Engineering is strictly necessary to obtain such information; and (b) you have first requested such information from the Company and the Company failed to make such information available (for a fee or otherwise) under reasonable terms and conditions. Any information supplied to or obtained by you under this section is confidential information of the Company subject to the non-disclosure and confidentiality obligations to be determined with respect to the information obtained, and will not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Company’s technology. Additionally, you specifically agree to not cause any other party to attempt to Reverse Engineer any of the Company’s services or products, whether you have a license to use the Company’s services or not. As the damages to the Company from the Reverse Engineering of the Company’s services or product would be substantial, you specifically agree that the Company may request and obtain immediate injunctive relief in addition to any other remedy in law or equity. For the purposes of this prohibition against Reverse Engineering, you specifically agree that source code, techniques, processes, algorithms, know-how or other information specifically related to services or products that appears to be substantially similar to ClaimSpot’s, which was 1) created, developed, published or otherwise used after the substantially similar source code, techniques, processes, algorithms, know-how or other information was  first developed by ClaimSpot, and was 2) created, developed, published or otherwise used after you or any affiliated party had access to ClaimSpot, whether by creating an account with ClaimSpot or through any other means, to view or experience ClaimSpot’s source code, techniques, processes, algorithms, know-how or other information specifically related to services or products, creates a rebuttable presumption that such content was impermissibly Reverse Engineered from ClaimSpot.

6. Privacy and Data Use

Overview:
Your privacy is important to us. Our Privacy and Data Use Policy explains how we collect, use, and disclose information about you. By using the Services, you consent to our Privacy Policy and Data Use Policy and agree that we can use information provided to us for any legal reason.

More Detail:
By using the Services, you agree that ClaimSpot may collect and use technical data and related information, including but not limited to technical information about your device, system, and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Services. 

Additionally, by providing information to the Company for the use of the Company’s Services, you hereby expressly authorize the Company to use the information pursuant to its published Privacy and Data Use Policy, the entirety of which is incorporated into these Terms as if reproduced in full herein, and specifically agree that the Company may use information provided to us through the use of the Services for any legal reason.

7. Disclaimers and Limitation of Liability

Overview:
ClaimSpot endeavors to ensure that the software, services, and information provided by and through ClaimSpot meet our high standards. We promise that ClaimSpot will generally perform in a commercially reasonable manner. Other than that, however, you understand that ClaimSpot and its software and services are not guaranteed to be error free, and are generally provided “AS IS”. 

More Details:
You specifically acknowledge that, to the fullest extent legally permissible, the Company disclaims all warranties, whether express or implied, including but not limited to, implied warranties of merchantability, and fitness for a particular purpose, and that the Company is not and shall not be responsible for any errors or omissions that occur in the course of performing services. THIS SITE IS PROVIDED TO THE CUSTOMER “AS IS”. 

The Company, its agents, and its writers shall not be liable to you, or any other person or entity, for any damage that results from: a) the use of, or the inability to use, the Company’s services, b) reliance on the information contained in any of the Company’s web properties, c) any misrepresentations made by you, d) communications or other resources, or for any consequential, incidental, indirect, punitive, special or similar damages, even if advised of the possibility of such damages. You specifically agree and acknowledge that in the event you may recover from the Company despite this disclaimer and limitation of liability, your full and sole recovery shall be limited to the cost of the services provided to you by the Company, to the minimal extent possible to rescind the single transaction causing you damage or loss.

If the Services include the entry of data, typographical or other errors or mistakes may occur.  You explicitly understand, acknowledge and agree that in the event any error, omission, mistake, or any other incorrect entering of data by the Company, or its agents, causes you damage or prejudices you in any way, your full and sole recovery shall be limited to the cost of the services provided to you by the Company, to the minimal extent possible to rescind the single transaction causing you damage or loss.

You agree that the Company and its agents or assigns SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, LEGAL COSTS, LOST OR ELAPSED RIGHTS, OR ANY OTHER LOST BENEFIT OR ADVANTAGE THAT IN ANY WAY IS DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE COMPANY’S SERVICES, INFORMATION, CONTENT, OR PERFORMANCE, REGARDLESS OF ANY NEGLIGENCE, WHETHER MINOR OR GROSS, on the part of the Company, its agents or assigns.

To the extent you attempt to recover any damages in contravention to the above, you understand and explicitly agree that you shall be liable for any and all costs, including attorneys’ fees, that the Company incurs in defending itself against the claim and enforcing these Terms of Use.

8. Indemnification

Overview:
We agree that you should be able to use ClaimSpot without fear of infringing upon third-party’s intellectual property rights, and we will indemnify you against any such reasonable claim. You agree to defend and indemnify the Company if any disputes arise against the Company stemming from your use of ClaimSpot.

More Details:
Company shall indemnify, defend, and hold harmless Customer from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) incurred by Customer resulting from any  judgment or reasonable claim that ClaimSpot’s Services, or any use of ClaimSpot’s Services by you, infringes or misappropriates such third party’s intellectual property rights.

You have a duty to and agree to defend, indemnify and hold harmless ClaimSpot, from and against any and all claims arising from your use of any portion of the Company’s Services in any manner, and all third-party claims to the extent the claims result in any way from your use of the Services, including the content of your information that you publish via the Services, and all resulting liabilities of every nature incurred by Company, including, without limitation, consequential, incidental and special damages, costs, claims, penalties, fines, forfeitures, causes of action, or suits and the costs and expenses incident thereto, including costs of defense, negotiation, preparation, settlement and reasonable attorneys’ fees. Notwithstanding the foregoing, your obligations under this paragraph shall not apply to any claims that arise solely from the Company’s fraud or willful misconduct.

Your obligations to indemnify, defend and hold harmless the Company survives any allegations or judgment which implicates that the Company or another party is partially, collectively, comparatively, or contributory negligent or responsible for any portion of the damages, up to and including the full extent of the responsibility for liability explained herein.

The Company’s right to indemnification is an additional right and does not limit or exclude other remedies such that Company shall have any and all rights granted by these Terms or law. Your duty to defend the Company and duty to indemnify and hold harmless the Company are separate and independent obligations, but cumulative, and the duty to defend arises immediately upon the Company being placed in a defensive position under any circumstance related in anyway to your use of ClaimSpot’s software or the Services. Company shall be entitled to select its own legal counsel but you shall remain liable for the full cost of those fees and legal costs, which the Company is entitled to under this Section.

9. Disputes and Remedies – Procedures

Overview:
Disputes with ClaimSpot that are unable to be resolved satisfactorily through mutual discussion will be resolved through arbitration with specific rules, occurring on an individual basis and in New Orleans, Louisiana. The one exception to this rule is if the dispute arises from an alleged violation of the Company’s intellectual property rights. 

More Details:
Please read this carefully. It affects your rights. 

Any dispute with the Company that is not otherwise satisfactorily resolved, must be resolved through arbitration, as set forth below. This also applies to any dispute initiated by the Company. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. 

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are expressly prohibited – neither you nor the Company shall be entitled to join or consolidate claims in arbitration. 

In the event a dispute is submitted to Arbitration, you and the Company shall split the costs of Arbitration, including the costs for the initiation of such Arbitration proceeding. The Arbitration shall be conducted in New Orleans/Metairie, Louisiana. The Arbitration shall be conducted by a neutral or arbitrator based in New Orleans/Metairie, and the proceeding shall be governed by the Federal Arbitration Act. 

The following limited and specific exception applies to the foregoing clause mandating arbitration: if the dispute between you and the Company arises from your alleged violation of the Company’s intellectual property, suit may be filed in any Louisiana State court or federal district court in the Eastern District of Louisiana.

Arbitration Agreement:

(a) The Company and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising); and claims that may arise after the termination of these Terms.

For the purposes of this Arbitration Agreement, as in these Terms overall, references to the “Company”, “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements.

You agree that, by entering into these Terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website used in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.

(b) A party who intends to seek arbitration must first send, by U.S. certified mail or email, a written Notice of Dispute (“Notice”) to the other party. A Notice to the Company shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Legal Dept. at legal@claimspot.com, if by email, or at Tooey Inc. d/b/a 1628 State St., New Orleans, LA 70118 if by conventional mail. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought (“Demand”). If the Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, arbitration proceedings may be commenced by either party

(c) The arbitrator may award relief only in favor of an individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim or counterclaim. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not award relief in excess of what these Terms provide or award punitive damages or any other damages not measured by actual damages.

(d) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, except as needed for an appeal of the arbitration award for improper determinations of matters of law only.

(e) The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If this specific proviso is found to be unenforceable, it is severable from the rest of the arbitration agreement.

(f) It is the intent of you and the Company that any discovery pursuant to the arbitration proceeding be limited to that directly related to the issue being arbitrated to the fullest extent possible.

(g) It is the intent of you and the Company that the arbitration be completely concluded in 180 days or less from its initiation, to the fullest extent possible, and to the extent that each party is afforded a fair and reasonable arbitration and neither party’s rights are significantly negatively impacted by the imposition of this timeline.

Conducting the Arbitration:

You agree that any and all of your owners, principals, employees, and agents agree to the jurisdiction and venue of the Arbitration. The Company agrees to moderate discovery procedures, including production of documentation, inspection of property, interrogatories not to exceed twenty-five, and requests for admissions not to exceed twenty-five, subject to paragraph (f) below. You, your owners, principals, employees, and agents agree to submit responses to any and all informal subpoena requests, which do not require the signature or execution before a court of law. Any and all arbitration proceedings shall be heard within two calendar days, each not to exceed eight hours and the arbitrator’s award shall be returnable within no more than ten (10) days from the date of the hearing. Any award of the arbitrator shall be determined as a final judgment once confirmed by the Civil District Court for the Parish of Orleans, State of Louisiana. You and the Company shall have the right to a single appeal to the Court of Appeals with jurisdiction over the arbitration award, to challenge an award for improper determinations of matters of law only. You or the Company shall have no further appellate rights. The ruling of the applicable Court of Appeals shall be the final resolution of all matters between the parties hereto.

10. Consent to Communications

Overview:
You agree that we may send you emails, notifications through the website and/or your account, and initiate communication with you over the the telephone, but you can unsubscribe if you wish.

More Details:
You agree that you may receive email communications from ClaimSpot, and such communication may include information about your specific use of the Services in any way, newsletters, special offers, claim information, policy information, potential deadlines or document reminders, and account reminders and updates. You also understand that you can remove yourself from these email communications by informing us that you wish to unsubscribe to emails.

11. Information Provided to ClaimSpot

Overview:
You have responsibility with respect to the information you provide to the Company, whether by entering the information into the ClaimSpot web properties or elsewhere through the Services directly, or by inference through your other use of the Services. You agree that you will provide correct information, and that if the Company is put into a defensive position because of the information you provide, accept, or choose, or otherwise provide through the use of the Services, the Company has certain rights, and you have certain obligations.

More Details:
The Company is not responsible or liable for any misrepresentations made by you or your company through the use of the Services. You agree that the Company’s software will use only on the information you submit to the Company, and you understand that the accuracy, completeness and/or reliability of this information is not guaranteed, checked, monitored or otherwise reviewed by the Company. At no time does the Company review submitted information for legal sufficiency or legal compliance. The information you provide will be used on your document, and any misrepresentations or false statements provided by you are solely your responsibility, for which the Company will not be liable.

Further, you specifically agree that the information provided by you is correct and factual to the full extent such information is or should be known to you, and that the information is otherwise appropriate for use. Use of the platform in a fraudulent manner, or otherwise providing information you know or should know is incorrect, is a violation of these Terms for which you shall be liable to the Company. Your liability for such use or providing such information extends to all damages suffered by the Company and related to the use and or information. Related to the foregoing, you have a duty and obligation to the Company to respond to Company requests for information from you and/or statements related to your position in the event any allegation is made concerning or related in any way to your use of the Services. If you do not respond to Company requests related to a disputed or challenged document, or if you attempt to not accept your duties to defend and indemnify the Company related in any way to your use of the Company’s software or services, you HEREBY EXPRESSLY AUTHORIZE THE COMPANY TO TAKE ANY AND ALL ACTION, INCLUDING BUT NOT LIMITED TO, CANCELING, OR OTHERWISE RETRACTING ANY DOCUMENT CREATED THROUGH USE OF THE SERVICES.

12. Community Conduct and Use of Communication Services 

Overview:
You have responsibilities with respect to your conduct, behavior, and the material you post on the Company’s web properties, and agree to be responsible for same. ClaimSpot does not pre-screen content and is not responsible for the content posted by you or others. If we determine that you have not complied with this responsibility, we can remove the offending content, disable your use of the site, and if necessary, we will comply and assist with relevant authorities. To the extent you publish any information on the public-facing aspects of Company’s web properties, you agree that we can use that information. Content posted by you or other parties is not ClaimSpot’s opinion, and you accept full responsibility for what you post.

More Details:
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of anything your account causes to be posted on ClaimSpot’s web properties or elsewhere through the use of the Services, whether such post was drafted by you or not. By posting information in or otherwise using any “Communications Service” including, but not limited to, live chats, comment threads, blog posts, question and answer products, customer service communication forums, other message services, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

• is unlawful, defamatory, or libelous, tortious;
• In the sole opinion of the Company is threatening, abusive, harassing, deceptive, fraudulent, invasive of another’s privacy, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
• constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
• contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
• impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of contractor pages, including reviews and ratings, communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, while we have no obligation to monitor the Communication Services, we and our agents have the right in our sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. Any termination of your membership, account, or other affiliation with our site for violation of the above provisions will not result in any refund to you, and additionally, you hereby specifically agree that in the event your membership, account, or other affiliation with our site is terminated for violation of the above provisions you remain obligated for all amounts that would otherwise become due to the Company. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

You alone are responsible for the content you publish or cause to be published. You specifically assume all risks associated with the content you publish or cause or allow to be published, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent and warrant to ClaimSpot that you own or have the necessary permissions to use and authorize the use of the content you publish or cause to be published, and you represent and warrant to ClaimSpot that the information contained within the content you publish or cause to be published is true.

You assume full liability for, and agree to indemnify and hold harmless ClaimSpot, as set forth elsewhere in these Terms, to the extent that the content you publish or cause to be published contains information that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms, or is alleged to contain any of the foregoing such that ClaimSpot is put in a defensive position.

Additionally, you hereby grant ClaimSpot the right to use the content you publish or cause to be published by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and/or distributing it. To enable such use, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use the content you publish or cause to be published as above described or for any other lawful purpose. Please note that, to the extent that the content you publish or cause to be published is merged, added to, consumed by, or is in any way modified by ClaimSpot’s content, including the aggregation or anonymizing of your content, it becomes solely ClaimSpot’s content.

13. Termination

Overview:
We may terminate or suspend your access to the Service for breach of these Terms, or any other agreement between us.

More Details:
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for breach of these Terms, or a breach of any other agreement between us which may also be in effect. Upon termination, your right to use the Services will immediately cease. 

If you wish to voluntarily terminate your account, you may simply discontinue using the Services.

14. Modifications to Terms

Overview:
We may modify or replace these Terms at any time, and it is your responsibility to understand that the version currently posted on this website is what controls our relationship. We will notify you if there is a material change to these Terms, but it is your obligation to understand the current Terms.

More Details:
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. 

By accepting these Terms at any time, you specifically agree to be bound by these Terms for any and all use of the Services by you or on your behalf, and any continued use of the Services subsequent to any agreement to these Terms specifically ratifies your agreement to be so bound.

By continuing to use or access the Services after any revisions come into effect, you agree to be bound by the revised Terms. If you do not wish to be bound by these Terms after a previous acceptance, please immediately discontinue use of the Services, as any further use after the modification of the Terms will be subject to these Terms as published.

If you do not consent to a specific modification of these Terms, you must stop using the Services.

15. Payment Terms of Sale

Overview:
You agree to pay the applicable prices for the products or services you purchase as listed on the website, within a certain period of time. If you do not, ClaimSpot has certain remedies. There may be additional fees that apply to some orders. Orders may not be canceled. Any subscription plans and/or the amounts due for Licensing Fees may not be canceled prior to the end of their stated Term.

More Detail:
The Company (“Seller”) hereby agrees to sell, and You (“Buyer”) hereby agree to purchase, specific aspects of the Services as described on the checkout window (“Checkout”) and incorporated herein by this reference on the terms and conditions set forth in this Agreement. 

Buyer agrees to pay the purchase price of the Services as posted on this website. For each specific transaction, the total amount of the purchase price shall be payable in full by Buyer according to the payment due date stated at Checkout. ClaimSpot may, at some point, enable Customers to purchase a subscription to certain aspects of the Services, and Customers who purchase such subscription shall be “Subscription Users.” Subscription Users will be billed monthly, or pursuant to any specific agreement between the Customer and the Company. Any portion of the Purchase Price unpaid past the due date for payment shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller’s costs of collection, including attorney fees, legal fees and costs and disbursements. You understand and agree that for any specific transaction, your order or purchase will not be processed until payment on the order is made in full.

Orders may not be canceled or refunded. 

Absent any specific clause in a Licensing and Use Contract or other subscription agreement between you and Company that is in direct contradiction of this sentence, subscription fees are non-refundable, and any subscription agreement is non-cancelable by you during any current term. Additionally, unless otherwise specifically noted in an agreement between you and the Company, all subscription agreements automatically renew upon the termination of the then-current term for renewal terms of the same duration unless written notice of non-renewal is provided by you at least 30 days prior to the termination of the then-current term. Any portion of a licensing fee unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Company shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller’s costs of collection, including attorney fees, legal fees and costs and disbursements. Additionally, pursuant to these Terms, ClaimSpot reserves the right to disable access to the software or cancel any Services in the event any portion of the amounts due to ClaimSpot is overdue.

16. Taxes

Overview:
Sales, subscriptions, or other features you purchase from ClaimSpot may be subject to tax(es). You agree to pay the appropriate taxes.

More Details:
Any stated amounts due pursuant to use of ClaimSpot are exclusive of any applicable federal, state, or other governmental taxes, duties, fees, excises, or tariffs (“Taxes”) which may be imposed on the Services. Customer shall be responsible for, and if necessary shall reimburse, ClaimSpot for all such Taxes on any amounts payable by Customer pursuant to the purchase of any good, item, document, service or otherwise from ClaimSpot, except for taxes imposed on ClaimSpot’s net income. If ClaimSpot has the legal obligation to pay or collect Taxes for which Customer is responsible under this section, ClaimSpot will bill Customer for such Taxes or add such Taxes to the amount originally invoiced to Customer.

17. Controlling Law

These Terms shall be governed and construed in accordance with the laws of theState of Louisiana, without regard to its conflict of law provisions.

18. Waiver, Severability, and Assignment

Overview:
If, for some reason, we do not enforce a particular part of these Terms they are still valid. If some particular part of the Terms is not valid, a valid term will be substituted, and the remainder of the Terms are not affected.

More Detail:
ClaimSpot’s failure to enforce, or decision not to enforce, a provision of these Terms at any particular time is not a waiver of our right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of these Terms will remain in full effect, and an enforceable term reflecting our intent as closely as possible will be substituted for the unenforceable term. You may not assign any of your rights under these Terms, and any such attempt will be void. ClaimSpot may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest.

19. Entire Agreement

Overview:
Unless you are a subscription customer with an executed Licensing and Use Agreement, these Terms constitute the entire agreement between us and govern the relationship.  

More Detail:
These Terms of Use, together with any additional terms and conditions or policies referenced herein, constitute the entire agreement between ClaimSpot and you regarding the subject matter herein and supersede all prior or contemporaneous agreements, understandings, negotiations, representations, and warranties, whether written or oral, between the parties regarding such subject matter, with the sole exception being that a validly executed Licensing and Use Agreement between ClaimSpot and you shall control to the extent there is a direct conflict between such Licensing and Use Agreement and these Terms.