Agreement of terms   

We appreciate your decision to join accidentcares (“accidentcareshelpline,” “we,” “us,” “our”) community and utilizing the www.accidentcares.com, as well as any related media form, mobile application, mobile website, or media channel (collectively referred to as the “Site”). By accessing the Site, you acknowledge that you have reviewed, comprehended, and agreed to abide by these Terms of Use. If you do not agree to these Terms of Use, you are strictly prohibited from using the Site and must discontinue use immediately.

Incorporated herein by reference are any additional terms and conditions or documents that may be posted on the Site periodically. We retain the right to modify or amend these Terms of Use at any time and for any reason at our sole discretion. We will notify you of any changes by updating the “Last updated” date of these Terms of Use, and you waive the right to receive individual notice of each change. You are accountable for regularly checking these Terms of Use to remain informed of any changes. Your continued use of the Site following the posting of any revised Terms of Use signifies your acceptance of and agreement to be bound by the modified Terms of Use.

The data provided on the website is not meant to be shared or used by any person or organization in any region or nation where such distribution or usage goes against the law or regulations or imposes any registration obligations on us in that jurisdiction or country. Consequently, individuals accessing the Site from other locations do so at their own discretion and are solely responsible for complying with any applicable local laws, if any.

The Site is designed for users who are 18 years or older. Individuals under the age of 18 are not authorized to register or use the Site.

RIGHTS TO INTELLECTUAL PROPERTY

The Site, unless otherwise stated, is our exclusive property, and all the Content (including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics) and the Marks (including trademarks, service marks, and logos) featured on the Site are either owned or controlled by us or licensed to us. These materials are safeguarded by copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws in the United States and internationally through copyright laws and conventions. The Content and the Marks are offered on the Site “AS IS” for your personal use and information only. Our prior express written permission is required for any commercial use of the Site, Content or Marks, and except as expressly stated in these Terms of Use, no part of the Site, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, or licensed.

Assuming that you are qualified to use the Site, you are granted a restricted license to enter and use the Site and to download or print a copy of any portion of the Content that you have legally accessed exclusively for your personal, non-commercial use. We retain all rights not explicitly granted to you in the Site, the Content, and the Marks.

REPRESENTATION OF USERS   

By utilizing the Site, you affirm and guarantee that: 

(1) you have the legal right to do so and agree to abide by these Terms of Use

(2) you are not a minor in your jurisdiction of residence

(3) you will not enter the Site via automated or non-human means, such as a bot, script, or other means

(4) you will not use the Site for any illegal or unauthorized purpose

(5) your use of the Site will not violate any relevant laws or regulations.

If you provide any information that is false, inaccurate, outdated, or incomplete, we maintain the right to suspend or terminate your account and refuse any present or future access to the Site (or any part thereof).

ILLEGAL ACTIVITIES    

The Site may only be accessed or used for the purposes for which we have made it available. The Site cannot be used for any commercial purposes unless explicitly approved or endorsed by us.

As a user of the Site, you acknowledge and agree that you will not:

1. Collecting or compiling data or content from the Site in a systematic manner, whether directly or indirectly, to create a database, directory, or compilation, unless written permission has been obtained from us.
2. Attempting to deceive or trick us or other users, especially in an effort to obtain sensitive account information like user passwords.
3. It is forbidden to take any steps that impair the security measures of the Site, obstruct or restrict access.
4. Engaging in conduct that harms or disparages us and/or the Site in our opinion.
5. Using any information obtained from the Site to harass, abuse, or harm another individual.
6. Abuse or misuse our support services, or make false claims of abuse or misconduct.
7. Use the Site in violation of any applicable laws or regulations.
8. Utilize the Site to advertise, promote, or sell goods or services, unless explicitly allowed or endorsed by us.
9. Frame or link to the Site in an unauthorized manner.
10. Upload or transmit viruses, Trojan horses, or other harmful materials that disrupt or interfere with the Site’s operation, features, or functions. This includes spamming or posting repetitive text that hinders other users’ uninterrupted use and enjoyment of the Site.
11. Using automated means to interact with the system, including sending comments or messages through scripts or employing data mining, robots, or other similar tools to collect or extract data from the Site, is prohibited.
12. Remove any copyright or proprietary rights notice from the Content.
13. Attempt to impersonate another user or use someone else’s username.
14. Transfer or sell your profile to another person or entity.
15. Upload or transmit (or attempt to upload or transmit) any data that includes clear graphics interchange formats (gifs), 1×1 pixels, web bugs, cookies, or other similar devices that operate as a mechanism for gathering or transferring information (also known as “spyware” or “passive collection mechanisms” or “pcms”).
16. Interfere with, disrupt, or cause an excessive load on the Site or the networks or services connected to the Site, or take actions that could damage, disable, overburden, or impair the proper working of the Site or its infrastructure.
17. Attempt to evade or circumvent any security measures of the Site, or gain unauthorized access to any portion of the Site or its systems.
18. Reproduce, modify, create derivative works of, or distribute any of the Site’s software or code, including Flash, PHP, HTML, JavaScript, or other programming languages.
19. Attempt to discover the source code of any software comprising or in any way making up a part of the Site through methods such as reverse engineering, decompiling, or disassembling.
20. Do not use any automated system such as spiders, robots, scrapers, or offline readers to access the Site, unless it is a standard search engine or Internet browser usage.
21. Do not use the Site to compete with us or for any revenue-generating endeavor or commercial enterprise, unless explicitly approved by us.

CONTRIBUTIONS GENERATED BY USERS 

Users cannot submit or post material on the website. However, there may be opportunities for users to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, which are referred to as “Contributions”. They could be written content, music, video, pictures, graphics, comments, suggestions, private information, or other kinds of content. Contributions may be visible to other Site users and may be shared through third-party websites. As a result, any Contributions you make may be subject to the Site’s Privacy Policy. By creating or sharing any Contributions, you represent and permit that:

1. Your Contributions will not violate the intellectual property rights, such as copyright, patent, trademark, trade secret, or moral rights of any third party, through their creation, distribution, transmission, public display or performance, and their accessing, downloading, or copying.
2. You confirm that you have secured all necessary licences, rights, consents, releases, and permissions to use and authorise the Site and other users of the Site to use your Contributions in any manner permitted by the Site and these Conditions of Use, or that you are the author and owner of your Contributions.
3. Additionally, you have received written consent, release, and/or permission from each identifiable individual person in your Contributions to use their name or likeness for inclusion.
4. Furthermore, your Contributions are truthful, accurate, and not misleading, and are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
5. Your Contributions are not intended to be used for the purpose of harassing or threatening any other person, as defined by law, and are not meant to promote violence against a specific person or group of people.
6. Your Contributions are in compliance with all applicable laws, regulations, and rules
7. Your Contributions do not infringe upon the privacy or publicity rights of any third party.
8. Your Contributions do not contain any content that aims to collect personal information from users under the age of 18 or that violently or sexually abuses or exploits users under the age of 18.
9. your Contributions do not contravene any laws related to child pornography, or any other regulations or laws designed to safeguard the health or well-being of minors.
10. Your Contributions do not contain any derogatory or offensive remarks related to race, national origin, gender, sexual orientation, or physical disabilities.
11. Your Contributions do not breach any provision of these Terms of Use or link to any material that contravenes any applicable law or regulation.

Any use of the Site that goes against the aforementioned conditions contravenes these Terms of Use and could result in the termination or suspension of your rights to use the Site, among other consequences.

CORESSPONDENCE LICENSE   

You and the Site acknowledge and agree that we may access, store, process, and use any information and personal data you provide, subject to the terms outlined in the Privacy Policy and your chosen preferences and settings.

If you provide us with suggestions or feedback related to the Site, you consent to us using and sharing that feedback for any purpose, without any obligation to compensate you.

Your Donations are not our property, according to us. Your Contributions, including with any associated intellectual property rights or other proprietary rights, remain entirely yours. You expressly agree to free us from all obligation relating to your Contributions and to abstain from bringing any legal action against us. Your Site Contributions are solely your responsibility.

SUBMISSIONS 

You agree and accept that any Submissions—such as inquiries, remarks, recommendations, ideas, feedback, or other details about the Site—that you send to us are not private and become our sole property. We will hold all exclusive rights, including intellectual property rights, and will be allowed to use and distribute these Contributions without restriction for any legitimate purpose, whether commercial or not, without your consent or any compensation. By submitting any such Submissions, you waive all moral rights to them, and you warrant that any Submissions are either original or that you have the right to submit them. You acknowledge that we are free from any claims that any of your Contributions violate any proprietary rights, whether alleged or proven to have been violated or misappropriated.

SITE MANAGEMENT

We have the right, but not the obligation, to perform the following actions:

1.Monitor the Site to identify any violation of these Terms of Use. 2.Take appropriate legal action, including reporting the user to law enforcement authorities, against anyone who violates the law or these Terms of Use in our sole discretion. 3.Refuse, limit, or disable access to any of your Contributions or any part of it, in our sole discretion and without limitation. 4.Remove from the Site or disable any files or content that are excessively large or burdensome to our systems without notice or liability. 5. Maintain the Site in a way that promotes its proper operation while safeguarding our rights and property.

PRIVACY POLICY  

Data security and privacy are important to us. Please visit https://www.accidentcares.com/ to check our Privacy Statement. Continued use of the Site constitutes your agreement to be bound by our Privacy Policy, which is an integral part of these Terms of Use. Kindly note that the website is hosted in Ireland. If you access the Site from a region with different laws or requirements regarding the collection, use, or disclosure of personal data, you are consenting to the transfer and processing of your data in Ireland by continuing to use the Site.

TERMS AND TERMINATIONS  

These Terms of Use will remain in effect as long as you continue to use the Site. We reserve the right to deny access or use of the Site to any individual for any reason or no reason, including if they violate these Terms of Use or any applicable law or regulation. We also reserve the right to terminate your use or participation in the Site, or to delete any content or information that you have posted, at any time and without warning, at our sole discretion.

If your account is terminated or suspended for any reason, you are not permitted to register for a new account using your name, a fake name, or the name of any third party. If you do create a new account, we reserve the right to take legal action against you.

MODIFICATIONS AND INTERRUPTIONS   

We reserve the right to modify, remove, or alter the contents of the Site at any time and without prior notice for any reason. We are not obligated to update any material on the website, and we also retain the right to discontinue or modify the Site’s availability without prior notice. Please note that we will not be held responsible to you or any other person if the Site is altered, suspended, discontinued, or if its price is raised.

There may be instances where we encounter hardware, software, or other issues or require maintenance on the Site, which may cause delays, disruptions, or errors. We reserve the right to suspend, modify, change, revise, or otherwise alter the Site at any time and for any reason without prior notice to you. Nothing in these Conditions of Use shall be deemed to oblige us to provide any updates, releases, or corrections in connection with the Site or to maintain and support the Site.

GOVERNING LAW  

The usage of the Site and the Terms of Use are subject to the laws of the State of Delaware. These laws apply to agreements that are made and fully executed within Delaware, without regard to its principles of conflict of laws.

DISPUTE RESOLUTIONS

INFORMAL NEGOTIATION

To resolve any Dispute related to these Terms of Use in a timely and cost-effective manner, both you and we (the “Parties”) agree to make an initial attempt to resolve any Dispute informally through negotiation for a minimum of thirty (30) days before commencing arbitration. This applies to all Disputes except those explicitly outlined below. Informal negotiations will begin upon one Party giving written notice to the other Party.

BINDING ARTBITRATION

In an effort to minimize expenses and expedite the resolution of any disputes, disagreements, or claims arising from these Terms of Use (each referred to as a “Dispute”), the Parties (which refers to you and us) agree to attempt to resolve any Dispute informally for at least thirty (30) days prior to commencing arbitration, unless otherwise stated below. If the Parties cannot resolve the Dispute through informal negotiations, the Dispute (except for those Disputes specified below) will be exclusively and finally resolved via binding arbitration. It is important to note that, without this provision, you would have the right to file a lawsuit in court and have a trial by jury. The arbitration will be initiated and conducted in compliance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, when applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are accessible on the AAA’s website: www.adr.org. Your share of the arbitrator’s fees and expenses will be governed by the AAA Consumer Rules, and, when applicable, limited by the AAA Consumer Rules. The arbitration may be accompanied in person, through the submission of papers, by receiver, or wired. The arbitrator’s decision will be made in writing, but they are not required to provide an explanation unless requested by either Party. The arbitrator must comply with applicable laws, and any award can be contested if the arbitrator fails to do so. Unless otherwise stated in the applicable AAA regulations or laws, the arbitration will be conducted in the United States, Delaware. The Parties may file a lawsuit in court to enforce arbitration, suspend legal proceedings until arbitration is completed, or confirm, amend, nullify, or enter a judgment on the arbitrator’s award, except where otherwise stated herein.

In the event that a Dispute proceeds in court instead of arbitration, the Parties agree to initiate or prosecute the Dispute in the state and federal courts located in United States, Delaware. The Parties also waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in such state and federal courts.

Furthermore, these Terms of Use exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA).

The Parties agree that any Dispute related to the Site cannot be initiated more than one (1) year after the cause of action occurred.  If this provision is deemed unlawful or unenforceable, both parties agree not to pursue arbitration for disputes falling under that specific portion of the provision. Instead, any such dispute shall be resolved by a court in the jurisdiction listed above, and both parties shall submit to the personal jurisdiction of that court.

This arbitration agreement encompasses claims related to our clients, vendors, and Marketing Partners, who are considered third-party beneficiaries of this arbitration agreement.

RESTRICTIONS

The Parties have agreed that any arbitration will be restricted to the Dispute solely between them. They have also agreed that, to the extent allowed by law, (a) no arbitration will be combined with any other legal action; (b) no Dispute will be resolved through arbitration as a class action or by using class action procedures; and (c) no Dispute may be filed in the name of or on behalf of any group of individuals or the general public.

UNOFFICIAL NEGOTIATION AND ARBITRATION EXCEPTIONS

The Parties acknowledge that certain Disputes are exempted from the previous provisions related to informal negotiations and arbitration. These Disputes include (a) any Dispute relating to the protection, enforcement, or validity of intellectual property rights of a Party; (b) any Dispute arising from allegations of unauthorized use, piracy, theft, or invasion of privacy; and (c) any claim for injunctive relief. If a court determines that this provision is illegal or unenforceable, neither Party will arbitrate any Dispute falling within that portion of this provision and such Any Dispute shall be resolved by a competent court within the jurisdiction listed above, and both parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

The Site may contain typographical errors, inaccuracies, or omissions that relate to descriptions, prices, availability, or other information. We reserve the right to modify or update the information on the Site at any time and without prior notice, to address any errors, inaccuracies, or omissions.

DISCLAIMER

the Site and the services provided on it are provided on an “as-is” and “as-available” basis. By using the Site and its services, the user agrees to assume all associated risks. The website provides no warranties, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. The website makes no warranties or representations regarding the accuracy or completeness of the Site’s content or the content of any websites linked to the Site. The website assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage, unauthorized access to or use of secure servers and personal and financial information, interruption or cessation of transmission, bugs, viruses, trojan horses or other harmful components transmitted by any third party, or errors or omissions in any content and materials.

We do not guarantee, endorse, or assume responsibility for any products or services advertised or provided by third parties through the Site or any linked websites or mobile applications, nor are we involved in monitoring any transaction between you and any third-party providers. As you would when purchasing any product or service through any medium or environment, you should exercise caution and make your own informed decisions.

LIMITATIONS AND LIABILITY

We and our employees, agents, or directors will not be responsible for any direct, indirect, punitive, incidental, special, or consequential damages, including loss of data, lost revenue, lost profit, or other damages, arising from your use of the Site or any third-party services, even if we were informed of the possibility of such damages. We will only be liable to you for the amount paid by you to us or $1,000.00 USD, whichever is less, in case of any claims arising out of your use of the Site. The exclusion or limitation of certain damages, as well as limitations on implied warranties, may not be permissible under the laws of some countries and US states. Therefore, some or all of these disclaimers or limitations may not apply to you, and you may have additional rights.

INDEMNIFICATION

By using the Site, you agree to indemnify, defend, and hold us, as well as our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party that arises out of or is related to (1) your use of the Site, (2) a violation of these Terms of Use, (3) any breach of your representations and warranties, (4) your infringement of a third party’s rights, including intellectual property rights, or (5) any harmful act against another user of the Site. However, we reserve the right to take exclusive control of the defense of any such claims at your expense, and you must cooperate with us in defending such claims. Upon becoming aware of any claim, action, or proceeding that falls under this indemnification, we will make reasonable efforts to notify you of it.

USER DATA

We will keep some of the data that you send to the Site to help us manage its performance, as well as data related to your use of the Site. While we do make regular backups of data, you are fully responsible for any data that you send or that is related to your use of the Site. You agree that we are not liable to you for any loss or damage to this data, and you give up any right to take legal action against us for any such loss or damage.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS,    

 SIGNATURES

By visiting the Site, sending emails, or filling out online forms, you acknowledge and agree that you are engaging in electronic communications. You consent to receiving electronic communications from us and agree that any agreements, notices, disclosures, or other communications we provide to you electronically, whether via email or on the Site, satisfy any legal requirement for written communication. Furthermore, you agree to the use of electronic signatures, contracts, orders, and other records, and to receive notices, policies, and records of transactions electronically, whether initiated or completed by us or through the Site. You waive any rights or requirements under any laws or regulations that require a physical signature, delivery or retention of non-electronic records, or payments or credits to be granted by means other than electronic methods.

MISCELLANEOUS

These Terms of Use are binding upon you and us and our respective heirs, successors, and assigns. You may not assign these Terms of Use or transfer any rights to use the Site without our prior written consent. This provision states that any effort to assign or transfer the rights outlined in these Terms of Use in contravention of this rule will be rendered invalid. Moreover, these Terms of Use will be subjected to the laws of the State of California, and any principles of conflicts of law will not affect their interpretation.  Any dispute arising from these Terms of Use or your use of the Site shall be brought exclusively in the state or federal courts located in the County of Santa Clara, California, and you hereby consent to the exclusive jurisdiction of such courts.