Law Firm Portal (ClaimAngel Link) Terms and Conditions of Use
Last updated on 10/15/24
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Last updated on 10/15/24
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These Terms and Conditions of Use do not replace or supersede any other Terms and Conditions of Use you have agreed to for use of other ClaimAngel portals or services. You are still bound by any other Terms and Conditions of Use agreed to for other ClaimAngel portals or services.
Welcome to ClaimAngel. This is an Agreement for the use of ClaimAngel between you (also referred to herein generally as “you,” “your,” and “User(s),” or more specifically as “Attorney”, or “Firm”) and Claim Angel Inc (“ClaimAngel,” “we,” “us,” and “our”). This Agreement (“Agreement”) governs your use of the services provided by ClaimAngel described below and such other services that may be offered by ClaimAngel from time to time (“ClaimAngel Services” or “Services”). By accessing, using, and/or registering to use a ClaimAngel account or service through ClaimAngel.com, ClaimAngel’s APIs, the ClaimAngel mobile application, or any other ClaimAngel website (collectively the “ClaimAngel Site”), or by obtaining through ClaimAngel, you agree that you have read, understand, and accept all of the terms and conditions contained in this Agreement including our Privacy Policy (including Cookies), E-Sign Disclosure and Consent Policy, and Arbitration Agreement. You may have to agree to additional terms and conditions to obtain funding through ClaimAngel.
Amendment of this Agreement: We may amend or modify this Agreement at any time by posting the revised agreement on the ClaimAngel Site and/or providing a copy to you (a “Revised Agreement”). The Revised Agreement shall be effective as of the time it is posted but will not apply retroactively. Your continued use of the Services after the posting of a Revised Agreement constitutes your acceptance of such Revised Agreement. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account (as defined below). However, if you choose to terminate your User account for this reason, you will still be bound by the prior Agreement you had consented to, and all terms and conditions applicable to any funding transaction you have participated in.
As used in this Agreement, the following terms have the stated meanings.
No Investment Advice or Brokerage Provided: ClaimAngel provides a platform that brings together Firms, and Funders to evaluate and participate in non-recourse transactions (“funding transactions”) related to Claims and Case Funding. ClaimAngel is not an investment, trading, or loan platform. Therefore, ClaimAngel does not provide investment advice, nor does it provide tax or legal advice. You are solely responsible for determining whether any funding transaction available through ClaimAngel is appropriate for you and your financial objectives and circumstances, as well as your own risk tolerance. From time to time, ClaimAngel may provide blog posts or information or links to third-party content related to the purpose of the Site. Such information provided on the ClaimAngel Site or any third-party sites does not constitute investment advice, financial advice, or any other sort of advice, nor should it be treated as such. We will not be held responsible for the decisions you make to participate in a funding transaction available on ClaimAngel or any information provided on the ClaimAngel Site.
Acknowledgment of the Risks of Non-Recourse Funding: In non-recourse litigation funding, if the Firm does not obtain a recovery or fee from their cases, matters, or Claims, the Funder may not go after the Firm’s other assets or otherwise try to collect the money that was funded. Therefore, Funders acknowledge and accept the risk that they may lose all funds provided to a Firm.
Acknowledgment of the Costs of Non-Recourse Funding: Because of the risk of total loss for the Funder, non-recourse litigation funding usually requires the Firm to agree to pay back the funds received at rates that are much higher than a loan transaction or other forms of financing. Therefore, as a Firm receiving such funding, you acknowledge and accept the risk that when you obtain a recovery or fee on your Claim(s), your repayment obligations to the Funder may exhaust and deplete all of the money you would have otherwise received or been paid from your Claim(s).
By using ClaimAngel Services there is no guarantee that you will obtain funding.
Acknowledgment of Attorney Participation and Obligations: Any Firm’s request for funding found on ClaimAngel will require the uploading of supporting documentation vetted by the handling attorney or that attorney’s authorized representative. A Firm will be required to acknowledge and agree that when the monies from a successful Claim are finalized and received, the Funder shall be the first to be repaid and have a primary lien on monies received.
*You accept all risk for your use of ClaimAngel and ClaimAngel Services. You should consult with your legal, tax and financial professionals about your specific situation and carefully consider whether participating in a funding transaction is right for you.*
ClaimAngel is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or anywhere, or to U.S. persons or anyone. ClaimAngel is not a depository or bank, and funds or transactions that process through ClaimAngel are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation (FDIC) or the Securities Investor Protection Corporation (SIPC).
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT IN SECTION 11 BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US THAT CANNOT BE INFORMALLY RESOLVED, WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO A TRIAL BY JURY AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE READ THE ARBITRATION SECTION CAREFULLY.
Firms, and Funders are collectively referred to as “Users” in this document.
To use ClaimAngel Services, individual Users affirm that they reside in the United States and are at least 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth herein and to abide by and comply with the terms of this Agreement.
To use ClaimAngel Services, corporate, partnership, or business entity Users affirm that they are duly organized in a U.S. State or Territory, and authorized to do business in the state(s) or territories where they operate, and further affirm that they are authorized to use ClaimAngel and bind their corporation, partnership, or business entity to the terms of this Agreement.
Users affirm that they have not been previously suspended or removed from ClaimAngel Services and that they will only maintain one ClaimAngel account.
ClaimAngel may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.
All Users must register for a ClaimAngel account to use the ClaimAngel Services (a "ClaimAngel Account" or “User account”). Users will be required to complete verification procedures before being permitted to use the Services. By registering for or using a ClaimAngel Account, Users agree and represent that they are the ones creating their ClaimAngel Account and that they will use their ClaimAngel Account only for themselves or their organization, and not on behalf of any third party, without the prior written approval of ClaimAngel. Users are fully responsible for all activity that occurs under their User account. We may, in our sole discretion, refuse to open a User account, suspend or terminate any User account, or suspend or terminate any uncompleted funding transaction from a User account.
When registering for your ClaimAngel Account, or at any other time deemed necessary by us, you agree to provide us with all information we request to verify your identity, to provide ClaimAngel Services to you, and to detect and prevent money laundering, terrorist financing, fraud, or any other financial crimes. You further permit us to keep a record of all such information we obtain from you. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and in some cases (where permitted by law), special categories of personal data, such as your biometric information. You acknowledge and consent to the accessing, processing, and retaining by ClaimAngel of all personal information you provide to us, directly or indirectly, for the purpose of ClaimAngel providing Services to you. This consent is not related to, and does not affect, any rights or obligations we or you have in accordance with data protection laws, privacy laws, and regulations. You can withdraw your consent at any time by closing your account with us. However, we may retain and continue to process your personal information if we reasonably believe it is necessary in order to comply with laws or regulations. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes.
You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process, or governmental request. Further, you authorize your wireless carrier to use or disclose information about your wireless account and your wireless device, if available, to ClaimAngel or its service provider for as long as you have a ClaimAngel Account, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for more information on how we process your personal data and the rights you have in respect of this.
Users will be required to provide a verified email address associated with the Firm or individual attorney using the portal to monitor, update, and request information about their Claimants, and/or to seek information related to Firm fundings. In the event the User ceases to be associated with the Firm or Attorney through which they obtained access, the User agrees that they will cease all attempts to access this portal and that any continued access or access attempts will be considered an actionable breach and subject the User to legal action. Nothing herein shall prevent a User who moves to a new Firm from obtaining access through the new Firm with a new verified email address if that Firm is conducting business through ClaimAngel.
The ClaimAngel Services can be accessed directly using the ClaimAngel Site. Access to ClaimAngel Services may become degraded or unavailable during times of significant volatility or volume, or due to internet or other connectivity issues. This could result in significant support response time delays. Although we strive to provide you with excellent service, we do not represent that the ClaimAngel Site or other ClaimAngel Services will be available without interruption and we do not guarantee that any registration or funding request or funding transaction will be accepted, recorded, or remain available. ClaimAngel shall not be liable for any alleged losses or damage resulting from or arising out: of delays in processing registration or funding requests and transactions; the inability to execute registration or transactions; or a lack of timely response from ClaimAngel customer support.
In addition to our Privacy Policy, the following terms and conditions govern the information you choose to provide on the Site related to Case Funding.
To obtain funding for Case Funding, Firms may provide and upload information including but not limited to police reports, medical billing and reports, insurance information, photos and digital media, as well as descriptive information related to your clients’ claims and cases (collectively “Claim Information”). You acknowledge and agree that Claim Information is a key component of your funding request and is vital for Funders to evaluate Case Funding requests. You understand that all Claim Information provided by you in conjunction with the Services may be viewable by others on the Internet. You further understand and agree that you are responsible for all data charges you incur by providing Claim Information and using the Services.
Protected health information (PHI) is individually identifiable health information, including demographic information, about an individual’s past, present or future physical or mental health or condition, health care services received, and past, present, or future payment for health care. Demographic information means information such as a client’s name, social security number, address, and date of birth. PHI is protected by, among other laws and regulations, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (as amended)
Firms that provide Claim Information and PHI either on behalf of Claimants or as part of a Case Funding request affirm that your provision of Claim Information and PHI on ClaimAngel, and its disclosure to ClaimAngel (including its employees, agents, sub-contractors, and affiliates who process and handle Claim and Case Funding requests), to other Users, and to visitors to the Site, is fully authorized in writing by the owner of such Claim Information and PHI and that you maintain HIPAA authorizations for all medical records and billing information. You agree to indemnify and hold harmless ClaimAngel from any claims related to the Claim Information you provide.
No Liability. Users are fully responsible for the content of all Claim Information provided to ClaimAngel and ClaimAngel shall not be responsible for any User error, mistaken disclosure, or omission in providing Claim Information.
Providing Information in a Representative Capacity.Attorneys and law firms providing Claim Information to ClaimAngel affirm that you are duly authorized in writing to represent those with Claims and provide such information for ClaimAngel Services. Users who provide Claim Information related to a person who is deceased, incapacitated, under legal age, or are otherwise restricted from personally entering a legal contract, affirm that you are the natural, legal, or authorized representative for such person, or have been appointed the personal representative of the person’s estate if the person is deceased, and you are therefore duly authorized to provide the Claim Information.
Ownership. Ownership rights in Claim Information provided by you remains with the owner of such information and does not transfer to ClaimAngel. However, by submitting Claim Information to ClaimAngel, you hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, publish, compile, create derivative works from, distribute, promote, exhibit, and display such information in all manners necessary to provide our Services and maintain ClaimAngel, without any compensation to you. Users further agree to indemnify and hold harmless ClaimAngel for any disputes that may arise with third parties, including intellectual property and copyright Claims, related to Claim Information provided to us by you and available on ClaimAngel. We comply with the Digital Millennium Copyright Act (“DMCA”) and we will respond to a properly submitted notification of Claimed copyright infringement in accordance with the DMCA. Note that repeat infringers may have their accounts disabled.
ClaimAngel collects and verifies information about you in order to, among other purposes: (i) protect ClaimAngel and its Users from fraudulent users; (ii) protect against money laundering and other financial crimes; and (iii) to keep appropriate records of ClaimAngel’s Users. Your ability to post funding requests to other Users is dependent on you providing personal identifying information and/or proof of identity to ClaimAngel.
Users (including designated owners/principals of business entities) who wish to register as a Firm are required to provide and affirm the following information and documentation: certification that you are 18 years or older; acceptance of this Agreement and our Privacy Policy; and verification of your identity by providing your name, mobile phone number and email address. To participate in a funding transaction, you may also be required to provide your date of birth, physical address, social security number or tax ID, including submission of a copy of your driver’s license, state identification card, passport, or other acceptable government issued photo ID. You agree that if you decline to provide requested information, we may, in our sole discretion, terminate or not grant you use of the Site.
Additional Photo Verification. Users may be required to allow us to capture or direct you to provide a smartphone selfie or webcam image of your face, taken at the time of registration to match to your provided government issued photo ID. Any such image shall become property of ClaimAngel, however such image shall only be used by us to comply with these identification procedures and Section 1.6 of this Agreement.
Business Users. In its sole discretion, and as permitted by any regulations and laws we must adhere to, ClaimAngel may accept alternative identifying information from business entity Users.
Source of Funds and KYC. All Users may be required to provide additional personal information to satisfy “know your customer” requirements by financial institutions and providers who facilitate funding transactions.
Use May Be Delayed During Verification. In its sole discretion, ClaimAngel may delay your ability to use ClaimAngel Services, to complete a funding transaction, or to send or receive monies until your identification and other required information is verified.
Disclosure of Personal Information. You acknowledge and agree that ClaimAngel may preserve Claim Information and your personal information provided to us, and may also disclose Claim Information and personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement or any of our legal policies; (c) respond to Claims that any Claim Information or other information provided by you to us violates the rights of third-parties; or (d) protect the rights, property, integrity, or personal safety of ClaimAngel, its Users, and the public.
You acknowledge and agree that any electronic version of your signature or initials that you provide while using ClaimAngel or participating in a funding transaction is as valid and enforceable as if you made an original ink signature, and that you will not dispute its validity based on it being provided electronically or via digital means. You further acknowledge and agree that any affirmative click, check, or selection you make to confirm your acceptance of any of our terms and conditions, or those of third party providers authorized on this Site, is valid to bind you to such terms and conditions, including, but not limited to this Agreement and our Privacy Policy.
You agree and consent to receive electronically all communications, agreements, funding related documents, notices and disclosures (collectively, "Communications") that we provide in connection with your ClaimAngel Account and your use of ClaimAngel Services. Communications include, but are not limited to: terms of use and policies you agree to (e.g., this Agreement and our Privacy Policy), including updates to these agreements or policies; account details, history, promotional and marketing communications, transaction confirmations, and any other account or transaction information; documents related to funding transaction; legal, regulatory, and other disclosures or statements we may be required to make available to you; and responses to customer support inquiries. This consent includes, but is not limited to, communications by telephone, email, text message or other electronic messaging system.
We will provide these Communications to you by posting them on the ClaimAngel Site, emailing them to you at the primary email address listed in your ClaimAngel profile, communicating with you via instant chat, and/or through other electronic communication such as text message or mobile push notifications.
In order to access and retain electronic Communications, you will need the following computer hardware and software: ClaimAngel’s official mobile application on your phone or tablet and/or a device with an Internet connection; a current web browser that supports modern encryption standards (e.g., the latest versions of Google Chrome, Mozilla Firefox, Microsoft Edge, or Safari) with cookies enabled; a valid email address (your primary email address on file with ClaimAngel); and sufficient storage space to save past Communications or an installed printer to print them. ClaimAngel is not responsible for any User’s failure to maintain these minimum requirements and inability to retain Communications.
You may withdraw your consent to receive Communications electronically by contacting us at support@claimangel.com. If you fail to provide consent or if you withdraw your consent to receive Communications electronically, ClaimAngel reserves the right to immediately close your ClaimAngel Account or to charge you additional fees for paper copies.
Users are responsible for providing us with accurate and complete e-mail address and contact information. Users are further responsible for keeping their contact information up to date. You acknowledge and agree that ClaimAngel will be deemed to have provided an electronic Communication to you if it is sent or transmitted to you using the contact information in your User account, but fails to reach you because your contact information is incorrect, out of date, blocked by your service provider, or otherwise unable to reach you. You may update your information by logging into your User account and by contacting our support team at support@claimangel.com.
Users agree that from time to time representatives of ClaimAngel may need to communicate with you via telephone about your ClaimAngel Account and funding transactions. You consent to receiving this communication from us and understand that if you block calls from ClaimAngel it may impair your ability to use our Services.
Acceptance of Conditions Common to All Funding Transactions. All Users acknowledge the following applies to all funding transactions completed through ClaimAngel:
All Users agree that a completed funding transaction IS NOT A LOAN. A completed funding transaction is a purchase and sale of property rights.
All Users agree that as to any funds held by ClaimAngel in an institutional or depository account, ClaimAngel shall have the sole benefit of any interest accrued, “float,” or other benefits derived from the funds being in the account.
All Users agree that personal information used to verify the integrity of Users and the integrity of funding requests and transactions, including documents and medical treatment information, may, in some cases, be accessed by trusted partners located outside of the United States. However, ClaimAngel warrants that any such trusted partner is certified to comply with all applicable encryption, data security and protection, and information disclosure regulations and protocols.
Firm Funding Requests. To create a funding request and listing, Firms will be required to assemble Claim Information related to the cases they are seeking funding for and upload required Claim Information for review by our verification team. Our verification team will then use that information to create and post a listed funding request in the appropriate section of the Site. The choice of section, labeling, categorization, or other segmenting of the funding request — essentially how and where the Claim will appear on our site — is at our sole discretion. The amount of funding requested is determined by the Firm but may not exceed the estimated value of the fee(s) reasonably expected to be collected on a case. Firms may list either one request per case, or one request for an aggregation of multiple cases, but shall not list any particular case more than once.
Firm Warranties and Representations. By participating in a funding transaction, Firms warrant and represent the following:
You specifically promise not to sell to any third party any other interest in the Claims and lawsuits that are included in the funding transaction, unless and until Funder has been paid as agreed or has given you prior written permission.
You will provide Funder with all relevant facts related to the cases, matters, or Claims underlying a Case Funding request, as well as copies of pleadings, motions, rulings, and other documents filed or issued in connection with the funding request and transaction.
You will advise Funder on the procedural progress of Claims and lawsuits that are part of the funding transaction, including notice of the Claim’s resolution.
You or your authorized representative are competent and of sound mind and able to enter into the funding transaction and have done so voluntarily and without duress.
You have the full power and authority to enter into the funding transaction and do not require the consent of any third party, including, but not limited to, any present or former spouse. You agree to execute all documents necessary to complete a funding transaction and cooperate as necessary.
You and your firm are licensed to practice law in the state(s) where you practice, and at the time you enter the funding transaction, you are not aware of any disciplinary proceedings pending against you or your firm.
You are not subject to or liable under any outstanding or unsatisfied judgement, levy, or Claim, including governmental liens. You are not aware of any lawsuits, actions, or cases pending or threatened against you or your properties, and you know of no basis for any such Claim against you. You have not been convicted of a felony or other crime involving dishonesty.
You agree to promptly advise ClaimAngel of any changes to your address, email address or phone number.
You have hereby authorized public and private record searches and/or a consumer credit search to verify your representations and to prevent fraud, waste, and/or abuse. You release all liability associated with the release of information concerning a funding request for all parties requesting information to validate the funding transaction.
Premium Positioning. From time to time we may offer an opportunity for a User to pay us an extra fee to have premium or special positioning on our Site to have their funding request(s) be more visible to Funders. If this is offered and if you accept, such purchase will be governed by a separate agreement for your consent at the time of purchase.
No Guarantee of Funding. Your listing of a Case Funding request on ClaimAngel in no way guarantees that your request will be funded. There is no guarantee it will be seen or reviewed. Funders make the decision to fund in their sole discretion based on the Claim details provided by you.
Offers to Fund. Funders who have been verified will be able to browse and search Case Funding request listings on the Site through a variety of criteria related to the type of Case Funding request, such as funding range, date posted, and location. Funders may then make one or more offers to fund through the selection tools provided on the Site.
Supplemental Terms. Once a Funder has agreed to fund a Case Funding request, the Firm seeking funding will be required to complete additional verification documents. ClaimAngel will require supplemental provisions incorporating our Fees terms. These verification documents will be electronically signed and binding upon signing.
Completing the Funding Transaction. Once the verification documents are completed, notices will be given to the parties, and we will request Funder to transfer the funds to ClaimAngel through one of our accepted funding methods or applications. Funders shall have until the following business day to initiate the funds transfer.
Receipt and Disbursement. Once the funds are received by us, we will initiate a transfer of those funds to the Firm, deducting our fees in the process. The transfer to the Firm shall be via the financial application selected by Firm. Once the funds are transferred, the transaction shall remain pending until there is a recovery or favorable resolution of the Claim or cases, matters, or Claims funded.
Acceptance of Dwolla Payment Platform. In order to use ACH payment functionality of ClaimAngel, you must open a “Dwolla Platform” account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Dwolla Privacy Policy. Any funds held in the Dwolla account are held by Dwolla’s financial institution partners as set out in the Dwolla Terms of Service. You authorize ClaimAngel to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through ClaimAngel, and Dwolla account notifications will be sent by ClaimAngel, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached at support@claimangel.com.
Repayment of Funding. A Firm shall always have the right to repay any funding it received before any recovery or resolution is completed. Otherwise, once a case is resolved, Firms are obligated to immediately notify ClaimAngel of the result. In the event of no recovery, the Claim will be closed and Funder shall receive nothing. In the event of a recovery, Firms agree that monies or fees recovered will first be used to pay back the Funder before the Claimant or Firm (or anyone else to be paid from the monies) is paid. Funder shall be paid according to the terms of the funding documents. If a recovery is less than the amount owed to Funder, the parties shall come to terms between themselves on an amount to be paid to Funder. If an agreement cannot be reached, a court or other administrative process may be used to determine the amount of repayment, and such determination shall be binding. Claimant or Firm shall transfer the agreed payback to ClaimAngel via ACH, credit card or other approved method of payment, and once received and cleared, the funds will be transferred to Funder, and the Claim will be closed.
The following terms and conditions govern your use of ClaimAngel and its Services in addition to our Privacy Policy.
Security Breach. If you suspect that your ClaimAngel Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or ClaimAngel (collectively a “Security Breach”), you must notify ClaimAngel Support immediately at support@claimangel.com or (877) 442-6435, and provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce or manage any Security Breach. Prompt reporting of a Security Breach does not guarantee that ClaimAngel will reimburse you for any losses suffered or be liable to you for any losses suffered as a result of the Security Breach.
Computer Viruses. ClaimAngel shall not be responsible for or bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We strongly suggest that all Users install and activate reputable malware and ransomware detection software as well as virus screening and prevention software. Texting, messaging, and email services are vulnerable to spoofing and phishing attacks. Use care in reviewing messages purporting to originate from ClaimAngel. ClaimAngel’s representatives will never ask you for your password or any two-step authentication code. Always log into your ClaimAngel Account(s) through the ClaimAngel Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
General Practices for Use and Storage. You acknowledge that ClaimAngel may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that messages, postings, or other uploaded Claim Information will be retained by the Services, the maximum number of messages that may be sent from or received by an account on the Services, the maximum size of any message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on ClaimAngel’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that ClaimAngel has no responsibility or liability for the deletion or failure to store any messages and other communications or other ClaimAngel content maintained or transmitted by the Services. You acknowledge that ClaimAngel reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ClaimAngel reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Intellectual Property. “ClaimAngel,” “Claimangel.com,” and without limitation, any graphics, logos, button icons, and service names included in or made available through any Content, and all logos related to the ClaimAngel Services or displayed on the ClaimAngel Site are either trademarks or trade dress of ClaimAngel or its licensors in the United States and other countries. You may not copy, imitate or use them without ClaimAngel’s prior written consent for any purpose, including without limitation: in connection with any product or service that is not authorized by ClaimAngel; any manner that is likely to cause confusion in the marketplace or community or among Users or potential Users; or in a way that disparages or discredits ClaimAngel.
Feedback and Suggestions. You agree that any feedback, suggestions, ideas, or other information or materials regarding ClaimAngel or our Services that you provide to us, whether by email or otherwise (“Feedback”), are non-confidential and shall become the sole property of ClaimAngel. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from you, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
Modifications to Services or Site. We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.
Website Accuracy. Although we intend to provide accurate and timely information on ClaimAngel, the Site (including, without limitation, the Content) may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the ClaimAngel Site are your sole responsibility and we shall have no liability for such decisions. Any information provided by third parties is for informational purposes only and ClaimAngel makes no representations or warranties to its accuracy. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the ClaimAngel Site.
Third-Party Applications. In the event you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern as to the respective party’s relationship with you. In these instances, we will take steps to make the third party’s terms available to you before you begin to use the service, feature, or functionality. ClaimAngel is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
Suspension, Termination, and Cancellation. ClaimAngel may suspend, restrict, or terminate a User’s access to any or all of the ClaimAngel Services, and/or deactivate or cancel a User’s account, with immediate effect for any reason in its sole discretion, and bar future access to ClaimAngel. You agree that we are under no obligation to disclose the details of our decision to take such actions. You acknowledge that ClaimAngel’s decision to take certain actions, including limiting access to, suspending, or closing your account for any reason in our sole discretion, may be based on confidential criteria that are essential to ClaimAngel’s risk management and security protocols. You agree that ClaimAngel is under no obligation to disclose the details of its risk management and security procedures to you. Further, you agree that ClaimAngel shall not be liable to you or any third-party for any termination of your access to the Services.
Export Controls and Sanctions. Your use of ClaimAngel and its Services is subject to applicable law including but not limited to anti-money laundering laws, export restrictions, end-user restrictions, antiterrorism laws, and economic sanctions. By using the Site and participating in funding transactions through the Site, you agree that to comply with all applicable laws. You are not permitted to use the Services or participate in funding transactions if doing so would violate applicable laws and regulations, including but not limited to those of the United Nations Security Council, the United States (including prohibiting dealings with sanctioned persons identified by the U.S. Department of the Treasury’s Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons (“SDN”), or other U.S. non-SDN restricted or prohibited parties lists, and those prohibiting dealings with persons organized, resident, or located in comprehensively sanctioned jurisdictions), and/or any other applicable federal, state, municipal or local laws and regulations (each as amended from time to time).
In addition to the other restrictions outlined in this Agreement, you agree that you will not:
Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services;
Use or attempt to use another User’s account without authorization;
Complaints About Our Services. If you have an issue, complaint or dispute related to ClaimAngel and our Services, you agree that your first step will be to contact our customer support team to try to amicably resolve the issue, complaint, or dispute. If you are unable to resolve your concern amicably with our customer support team, you agree to use and complete the Complaint Process outlined here before filing any arbitration Claim, small Claims action, or other court action. If you do not complete it, then you agree that your Claim or action must be dismissed from arbitration, small Claims, or other court.
Complaint Process. If your issue or complaint was not amicably resolved by our customer support team, then you must next use our Complaint Form, which is available from customer support. The Complaint Form will be used to describe your dispute, tell us how you would like the dispute to be resolved, and any other relevant information. If you prefer to send a written complaint via mail, please provide all of that same information, including any support case number, and send it to Claim Angel Inc, 3351 NW Boca Raton Blvd, Boca Raton, FL 33431. It is important to provide as complete information as possible. We will acknowledge receipt of your complaint form after you submit it. A member of our complaint resolution team will review and evaluate your complaint based on the information you have provided and any information in our possession. The Complaint Process is completed when we respond to your complaint or forty-five (45) business days after the date we receive your complaint, whichever occurs first.
CLAIMANGEL TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH CLAIMANGEL WILL BE RESPONSIBLE FOR.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CLAIMANGEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLAIMANGEL DOES NOT WARRANT THAT THE CLAIMANGEL SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH CLAIMANGEL, CLAIMANGEL’S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM CLAIMANGEL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL CLAIMANGEL ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR ANY LOST PROFITS, LOSS OF GOODWILL OR REPUTATION, LOSS OF DATA, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE CLAIMANGEL SITE OR SERVICES, OR THIS AGREEMENT, EVEN IF CLAIMANGEL HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF CLAIMANGEL’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT, OR INTENTIONAL VIOLATION OF LAW.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree and acknowledge that the limitations of damages, liability and no warranty provisions set forth above in this Section 10.1 and Section 10.2, below, are fundamental elements of the basis of the bargain between ClaimAngel and you.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND CLAIMANGEL TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Arbitration Rules. The Federal Arbitration Act, including its procedural provisions, governs the interpretation and enforcement of this dispute-resolution provision, and not state law. Arbitration will be conducted by the American Arbitration Association (“AAA”) (https://adr.org/). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum, and if they cannot agree, will ask the court to appoint an arbitrator pursuant to 9 U.S.C. § 5. Te AAA’s Commercial Arbitration Rules will govern all aspects of this arbitration, except to the extent those rules conflict with this Agreement. In either case, the arbitration will be conducted by a single neutral arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Fees. The AAA sets forth fees for its services. You will be responsible for your share of any arbitration costs no matter who initiates the arbitrations. Any party may make a request that the arbitrator award attorneys’ fees and costs to the prevailing party or upon proving that the other party has asserted a Claim, cross-Claim, or defense that is groundless in fact or law, brought in bad faith, or for the purpose of harassment, or is otherwise frivolous, unless prohibited by applicable law and the applicable AAA Arbitration Rules.
Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and the ClaimAngel Parties. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim or dispute. The arbitrator may award any relief allowed by law or the applicable AAA Arbitration Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and the ClaimAngel Parties.
Waiver of Jury Trial. YOU AND CLAIMANGEL WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and ClaimAngel are instead electing to have Claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and ClaimAngel over whether to vacate or enforce an arbitration award, YOU AND CLAIMANGEL WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all Claims and disputes will be resolved in a court.
Confidentiality. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Venue. If you seek arbitration, you must use the venue established in Section 12.2
Small Claims Court. Notwithstanding the foregoing, either you or ClaimAngel may bring an individual action in small claims court.
Survival. This arbitration agreement will survive the termination of your relationship with the ClaimAngel Parties
Assignment. We reserve the right to assign our rights without restriction, including without limitation to any ClaimAngel affiliates or subsidiaries, or to any successor in interest of any business associated with the ClaimAngel Services. In the event that ClaimAngel is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. You may not assign any rights and/or licenses granted under this Agreement. Any attempted transfer or assignment by you in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, ClaimAngel Account cancellation, debts owed to ClaimAngel, general use of the ClaimAngel Site, disputes with ClaimAngel, and general provisions, shall survive the termination or expiration of this Agreement.
Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, pandemic, other catastrophe, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
No Waiver of Rights. Our failure to insist upon or enforce strict performance by you of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in that or any other instance.
Reservation of Rights. We reserve all rights not expressly granted to you.
No Relationship Created. ClaimAngel is an independent contractor for all purposes. Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture between you and ClaimAngel, or authorize you to act as agent of ClaimAngel.