Terms and Conditions of Use
Please read these terms and conditions of use carefully. By accessing or using the tools and resources listed on FindMyAccident.com, you agree to be bound by the terms and conditions described herein and all terms, guidelines and disclosures incorporated by reference. If you do not agree to all of these terms, do not use this website.
These terms and conditions of use (“Site Terms”) apply exclusively to your access to, and use of, the Web site of FindMyAccident.com. (“Company”), located at http://findmyaccident.com (the “Site”) and the information and other services provided therein (the “Services”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Company, or its subsidiaries, advertisers or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify you and Company for violations of these Site Terms.
Company reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Company will provide notice of these changes by posting the revised terms on the Site and indicating on the Site Terms the date it was last updated. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Site.
If you have any question regarding the use of the Site, please contact us at 1.888.509.1888.
2. Consent to Receive E-mails
By using the Site (i.e., leaving comments, requesting a police report and/or contacting an advertising lawyer, or support partner), you consent to receive e-mails/contacts from FindMyAccident and/or advertising lawyer or its support partners. You may opt out of future notices by emailing <firstname.lastname@example.org> with the subject header ‘unsubscribe’ or by clicking the ‘unsubscribe’ link at the bottom of any e-mails you may receive.
3. Copyright, Trademarks, Intellectual Property, and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Company logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Company or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include or authorize: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any professional listings, pictures, profiles, ratings or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
FindMyAccident, the Company logo and any other product or service name or slogan contained in the Site are trademarks of Company and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. You may not use any metatags or any other “hidden text” using “FindMyAccident” or any other name, trademark or product or service name of Company without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Company, any of its products and services, or any professional or professional services entity in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any nudity, profanity, pornography or illegal material or any material that is obscene, offensive, harassing or otherwise objectionable (as determined in the Company’s sole discretion). This limited right may be revoked at any time. You may not use a Company logo or other proprietary graphic of Company to link to this Site without the express written permission of Company. Further, you may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Company’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Company or any third party.
Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of Company and Company is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Company provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Company of any site or any information contained therein. When you leave the Site via a link to a third-party site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
6. No Attorney-Client Relationship; No Endorsement or Referrals of Advertising Lawyers
Information posted or made available on or through the Site, including without limitation any responses to legal questions posted in the comments section of the Site, information provided in FindMyAccident advertising lawyers pages, and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively “General Legal Information”) is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues in a conventional, direct, and confidential forum. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such General Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.
Company is not a lawyer referral service and does not recommend the services of any particular lawyer, including the lawyer(s) who advertise on the Site or agree to provide accident reports to users of the Site. There are other qualified lawyers who also handle traffic and other accident-related claims. Before hiring a lawyer, a consumer should investigate the lawyer’s qualifications.
7. Information on the Site
Company does allow advertising lawyers to appear on FindMyAccident.com; however, FindMyAccident shall have absolutely no responsibility or liability of any kind for any professional and/or personal information you encounter on or through the Site, and any use or reliance on professional and/or personal information is solely at your own risk and discretion.
8. Disclaimers and Acknowledgements Regarding Use of Site Information
The Site, the Site materials (including any professional information) and the services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. Company disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, content or materials in the Site. Company does not represent or warrant that Site materials, including the information available in or on the Site, or the services are accurate, complete, reliable, current or error-free. Company does not represent or warrant that the Site or its servers are free of viruses or other harmful components.
While Company endeavors to provide and to allow others to provide useful information regarding professionals and professional services, you acknowledge that such information is reliant upon third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that professional and other information may be incomplete or may contain inaccuracies (including without limitation any processes and reviews of such information and Site materials), and that information on the Site may be outdated or contain errors, omissions or misinterpretations of information. You further acknowledge that descriptions of a professional’s areas of practice or specialization and other data, summaries or descriptions on the Site, are based on the data obtained by or submitted to Company, which may be incomplete or inaccurate, and rely on automated processes of the information gathered by or submitted to Company. An advertising lawyer that appears on the Site reflects the Company’s subjective assessment of a given professional, based upon the information obtained by or submitted to Company; someone else’s assessment of the same professional may be different or based upon different information. None of the information contained on the Site or provided through the Services represent an endorsement of any particular professional or are a guarantee of a professional’s quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics. Nor are they a predictor of the outcome of any matter in which such professional is involved. The information provided on this Site is intended to be a starting point to gather information about a professional service provider who may be suitable for your personal or legal needs, but you should not rely solely on such information in deciding whether to hire any given professional. Furthermore, you should independently verify the accuracy of any information you obtain on the Site before using it, and you should obtain independent references for any professionals you are considering hiring or working with. You agree to be solely responsible for your use of the Site, the Site Materials and the Services and for determining the suitability of, and the results obtained from, any professional with who you hire or work.
Company is not responsible for errors or omissions in any information or materials contained on the Site, including without limitation professional profile information or professional information. While attempts to make your access and use of the Site safe, Company cannot and does not or warrant that the Site or its services or server(s), or any content or materials are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses, spyware, malware, and other harmful or otherwise undesirable components from any interaction with the Site.
Company reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any professionals, professional service providers or organizations, educational institutions, associations, organizations, publications, licenses, accreditations, ratings, evaluations, endorsements, reviews, products, services, processes or other information, by name, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
9. Limitation of Liability
In no event shall Company, its corporate affiliates, independent contractors, service providers and advertising lawyers, and each of their respective directors, employees and agents, be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to legal matter outcomes, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way related to or connected with any use of the Site, the services, the content or the materials contained in or accessed through the Site, including without limitation any damages, loss or injury caused by or resulting from reliance by user on any information obtained from FindMyAccident.com or the Site, or that result from mistakes, omissions, interruptions, deletions or files or E-mail, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to records, programs or services. The aggregate liability of, whether or in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating in any manner to the use of Site, the services, the content or the materials, shall not exceed any compensation you pay, if any, for access to or use of the Site or FindMyAccident services.
10. Third Party Content
Company or users may provide links to Web pages and content of third parties as a service to those interested in such links and content, and Company may post third party content or allow users to post their content or third party content to the Site including without limitation Professional Information (such content is collectively referred to as “Third Party Content”). Company does not monitor or have any control over any Third Party Content or third party Web sites. Company does not endorse or adopt any Third Party Content or third party Website and can make no guarantee as to its accuracy or completeness. Company does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content or third party Websites. Users use these links, Third Party Content and third party Websites at their own risk.
11. Third Party Services
12. Advertisements and Promotions
Company may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Company, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Company advertisers on the Site.
13. Professional Advertising and Communications
It is solely the responsibility of advertising lawyers to ensure that any information or advertisements they post or place on the FindMyAccident website (including without limitation any Professional Information), and any communications they may have with prospective clients through the Site and the Services, fully comply with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with visitors, advertising, or other matters.
If you are an advertising lawyer, you warrant and represent that any information or advertisements you post or place on the Site (including without limitation any Professional Information), and any communications that you may have with prospective clients through the Site and the Services, fully comply with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law of law and those regulating the form, manner or content of communications with visitors, advertising, or other matters. You hereby agree to indemnify, defend and hold Company harmless from and against all costs, damages and expenses (including attorneys’ fees, court costs and judgments) from any third-party claims arising out of or relating to your breach of the foregoing warranties or representations.
14. Assignment of User Submissions
You acknowledge and agree that any materials, including but not limited to questions, comments, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of e-mail or other submissions to Company, or any postings on the Site, are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
15. Restrictions on User Posted Content & Other Interactive Services or Areas
The Site includes areas in which users may post messages, comments, data, text, photos, video, graphics or other materials (the “User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using our Comments Areas, you agree to comply with the FindMyAccident Community Guidleines and you further agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
1. User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law;
3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under these Site Terms;
4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for professional services, professional service providers, or professional referral services;
6. Private or confidential information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
7. Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
8. Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; and
9. User Content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Company or its users to any harm or liability of any type.
Company takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. Enforcement of the User Content or conduct rules set forth in these Site Terms is solely at Company’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. As a provider of interactive services, Company is not liable for any statements, representations, responses, comments or other User Content provided by its users in any Interactive Area. Although Company has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Company reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
You agree to defend, indemnify and hold harmless Company, its corporate affiliates, independent contractors, service providers and advertising lawyers, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site or the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
17. Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Indiana (even if your use is outside of the State of Indiana), without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Site or these Site Terms shall be filed only in the state or federal courts located in Marion County, Indiana and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
19. Questions & Contact Information
If you have any question regarding the use of the Site, please refer first to the FAQ. All other questions or comments about the Site or its contents should be directed to Customer Care or call us at (888) 509-1888.
20. Copyright Notice and Takedown Procedure
If you wish to notify Company of an alleged copyright infringement for material posted on our site, to be effective, your notice must be a written communication to our designated agent that complies with Section 512(c)(3) of the U.S. Copyright Act. Please consult your legal advisor. Your notice must include substantially the following:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. The best method is to provide a URL in the body of an email.
(d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
DMCA Complaints, c/o <FindMyAccident Operations>
Julia Carson Government Center
300 E Fall Creek Pkwy
Indianapolis, IN 46205
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you elect to send us a counter-notice, to be effective, your counter-notice must be a written communication to our designated agent that complies with Section 512(g)(3) of the U.S. Copyright Act. Please consult your legal advisor. Your counter-notice must include substantially the following:
(a) A physical or electronic signature of the subscriber.
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(c) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(d) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. Such written notice should be sent to our designated agent as follows:
DMCA Complaints, c/o <FindMyAccident Operations>
Julia Carson Government Center
300 E Fall Creek Pkwy
Indianapolis, IN 46205
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
21. Termination For Breach
Upon any breach by you of any terms contained herein, your right to access, download and otherwise use this Site, all materials obtained from this Site and all copies thereof shall immediately terminate upon notice from Company, at Company’s sole discretion.