Welcome to ClaimAdvisor.com, Provided by Claim Advisor, Inc.
This Claim Advisor, Inc. Services Agreement (“Agreement”) is a legal agreement between Claim Advisor, Inc. (“Claim Advisor, Inc.”, “us”, or “we”) and the entity or person (“you”, “your”, or “user”) who registered on the ClaimAdvisor.com Account page to receive certain business services that may be offered by Claim Advisor, Inc. and its affiliates (each, a “Service”). This Agreement describes the terms and conditions that apply to your use of the Services.
If you do not understand any of the terms of this Agreement, please contact us before using the Services.
You may not access or use any Services unless you agree to abide by all of the terms and conditions in this Agreement.
Effective as of August 10, 2020
General Terms
Overview of this Agreement
This Agreement provides a general description of the Services that Claim Advisor, Inc. may provide to you, including those that connect you with prospective purchasers of your goods or services (your “Customers”). We provide you with a more detailed description of the Services on our website.
Before using the Services, you must register with Claim Advisor, Inc. and create an account (a “Claim Advisor Account”).
Your Claim Advisor Account
Registration and Permitted Activities:
FOR VENDORS Only businesses (including sole proprietors), bona fide charitable organizations, and other entities or persons located in the United States are eligible to apply for a Claim Advisor Vendor Network Account to use the Services described in this Agreement.
To register for a Claim Advisor Account, you or the person or people submitting the application (your “Representative”) may be required to provide us with your business or trade name, physical address, email, phone number, URL, the nature of your business or activities, and certain other information about you that we require. We may also request to collect personal information. Until you have submitted, and we have reviewed and approved, all required information, your Claim Advisor Account will be available to you on a preliminary basis only, and we may terminate it at any time and for any reason.
Upon sign-up and vendor payment and registration, vendors will receive a confirmation email with receipt of their status. Additional inquiries may be made by Claim Advisor, Inc. to assess your licenses, capabilities, and reputation to provide work to any customer leads or associated claims referred to vendors by Claim Advisor, Inc. vendor programs.
Vendors will be assigned a Claim Advisor Claim Consultant, who will work with you to set up your account and select territories that are appropriate for the vendor service region and where vendors or vendor representatives can make customer lead contact within 2 hours of inquiry.
Claim Advisor, Inc. does provide vendors many benefits, including providing customer lead programs and digital vendor advertising. Other programs may be provided for events, seasonal, regional, or demographic targeting. Claim Advisor, Inc. also provides templates, documents, how-to instructions online, videos, and other resources to support vendors in the Claim Advisor Vendor Network.
All sales are final. Claim Advisor does not refund membership fees or lead bundle purchases. The billing cycle for all member renewals is automatic. Unless cancelled monthly renewals continue to be charged to the card on file. If a membership is cancelled after a renewal date then the membership is valid until the next billing date. Claim Advisor does not guarantee damage. Claim Advisor does not guarantee results on every lead. Contractors are not guaranteed a certain amount of leads per day. Lead production is determined by the target area and other campaign settings chosen by the contractor. If a contractor decides to cancel his/her membership before the remaining leads are generated, all remaining leads are thereby forfeited and will discontinue. All changes to the campaign schedule or settings take 48 hrs to take effect and must be submitted through email or done within the Claim Advisor Portal. All credit requests must be submitted within the Claim Advisor Portal and sent within 48 hrs after the appointment date and time or the lead will be charged.
Any customer leads provided to a vendor by Claim Advisor must be accepted by the vendor immediately or the lead will be distributed to the next vendor available. No customer leads can be used, re-used, or sold for any other purpose or to any vendors outside of the Claim Advisor Vendor Network. Customer leads cannot be referred to any outside vendors who are not licensed to provide their service or who are not part of the Claim Advisor Network.
You may not use Payment Processing Services to send money to others, to conduct any personal transactions, or for any other purposes prohibited by this Agreement.
Business Representative: You and your Representative individually affirm to Claim Advisor, Inc. that (i) your Representative is authorized to provide the information described in this Section A.2 on your behalf and to bind you to this Agreement and (ii) your Representative is an executive officer, senior manager or otherwise and has significant responsibility for the control, management or direction of your business. We may require you or your Representative to provide additional information or documentation demonstrating your Representative’s authority. Without the express written consent of Claim Advisor, Inc., neither you nor your Representative may register or attempt to register for a Claim Advisor Account on behalf of a user Claim Advisor previously terminated from use of the Services.
If you are a sole proprietor, you and/or your Representative also affirm that your Representative is personally responsible and liable for your use of the Services and your obligations to Customers.
Validation and Underwriting: At any time during the term of this Agreement and your use of the Services, we may require additional information from you to verify beneficial ownership or control of the business, validate information you provided, verify you or your Representative’s identity, and assess the risk associated with your business. This additional information may include business invoices, copies of government-issued identification, business licenses, or other information related to your business, its beneficial owners or principals. We may also request that you provide copies of financial statements or records pertaining to your compliance with this Agreement, or require you to provide a personal or company guarantee. Your failure to provide this information or material may result in suspension or termination of your Claim Advisor Account.
You authorize us to retrieve information about you from our service providers and other third parties, and you authorize and direct such third parties to compile and provide such information to us. You acknowledge that this may include your name, addresses, and other data about you or your Representative. You acknowledge that we may use your information to verify any other information you provide to us, and that any information we collect may affect our assessment of your overall risk to our business. You acknowledge that in some cases, such information may lead to suspension or termination of your Claim Advisor Account. Claim Advisor, Inc. may periodically update this information as part of our underwriting criteria and risk analysis procedures.
Changes to Your Business and Keeping your Claim Advisor Account Current: You agree to keep the information in your Claim Advisor Account current. You must promptly update your Claim Advisor Account with any changes affecting you, the nature of your business activities, your Representatives, beneficial owners, principals, or any other pertinent information. We may suspend your Claim Advisor Account or terminate this Agreement if you fail to keep this information current.
Your Relationship with Your Customers
You may only use the Services for legitimate Transactions with your Customers. You know your Customers better than we do, and you are responsible for your relationship with them. Claim Advisor, Inc. is not responsible for the products or services you publicize or sell, or that your Customers purchase using the Services; or if you accept donations, for your communication to your Customers of the intended use of such donations. You affirm that you are solely responsible for the nature and quality of the products or services you provide, and for delivery, support, refunds, returns, and for any other ancillary services you provide to your Customers.
Claim Advisor, Inc. provides Services to you but we have no way of knowing if any particular purchase, sale, donation, order, or other transaction (each a “Transaction”) is accurate or complete, or typical for your business. You are responsible for knowing whether a Transaction initiated by your Customer is erroneous (such as a Customer purchasing one item when they meant to order another) or suspicious (such as unusual or large purchases, or a request for delivery to a foreign country where this typically does not occur). If you are unsure if a Transaction is erroneous or suspicious, you agree to research the Transaction and, if necessary, contact your Customer before fulfilling or completing the Transaction. You are solely responsible for any losses you incur due to erroneous or fraudulent Transactions in connection with your use of the Services.
Fees and Fines
Claim Advisor, Inc. will provide the Services to you at the rates and for the fees (“Fees”) described on the website. The Fees include:
- A One-Time Setup and Registration Fee
- A Monthly Recurring Fee or an Up-Front One-Time Fee
- Other Fees May Include: Advertising, Partnership, Sponsorship, or Other
You are also obligated to pay all taxes, fees and other charges imposed by any governmental authority (“Taxes”), including any value added tax, goods and services tax, provincial sales tax and/or harmonized sales tax on the Services provided under this Agreement.
Services and Claim Advisor Account Support
We will provide you with support to resolve general customer service issues relating to your Claim Advisor Account and your use of the Services. This support includes resources and documentation that we make available to you online. The most efficient way to get answers to your questions is to review our Documentation. If you still have questions after reviewing the Documentation, please contact us.
You are solely responsible for providing support to Customers regarding Transaction receipts, product or service delivery, support, returns, refunds, and any other issues related to your products and services and business activities. We are not responsible for providing support for the Services to your Customers unless we agree to do so in a separate agreement with you or one of your Customers.
Service Requirements, Limitations and Restrictions
Compliance with Applicable Laws: You must use the Services in a lawful manner, and must obey all laws, rules, and regulations (“Laws”) applicable to your use of the Services and to Transactions. As applicable, this may include compliance with domestic and international Laws related to the use or provision of financial services, notification and consumer protection, unfair competition, privacy, and false advertising, and any other Laws relevant to Transactions.
Restricted Businesses and Activities: You may not use the Services to enable any person (including you) to benefit from any activities Claim Advisor, Inc. has identified as a restricted business or activity (collectively, “Restricted Businesses”).
Other Restricted Activities: You may not sell, resell, or white label any Claim Advisor, Inc. service or benefits provided within the platform, including the use of customer information or customer leads that may be provided to you as a benefit to using ClaimAdvisor.com services.
You may not use the Services to facilitate illegal Transactions or to permit others to use the Services for personal, family or household purposes. In addition, you may not allow, and may not allow others to: (i) access or attempt to access non-public Claim Advisor, Inc. systems, programs, data, or services; (ii) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of the Services, Documentation, or our website except as expressly permitted by applicable Laws; (iii) act as service bureau or pass-through agent for the Services with no added value to Customers; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Services or enable functionality that is disabled or prohibited; (vi) reverse engineer or attempt to reverse engineer the Services except as expressly permitted by Laws; (vii) perform or attempt to perform any actions that would interfere with the normal operation of the Services or affect use of the Services by our other users; or (ix) impose an unreasonable or disproportionately large load on the Service.
Suspicion of Unauthorized or Illegal Use
We may refuse, condition, or suspend any Transactions that we believe: (i) may violate this Agreement or other agreements you may have with Claim Advisor; (ii) are unauthorized, fraudulent or illegal; or (iii) expose you, Claim Advisor, Inc., or others to risks unacceptable to Claim Advisor, Inc. If we suspect or know that you are using or have used the Services for unauthorized, fraudulent, or illegal purposes, we may share any information related to such activity with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your Claim Advisor Account, your Customers, and Transactions made through your use of the Services.
Disclosures and Notices; Electronic Signature Consent
Consent to Electronic Disclosures and Notices: By registering for a Claim Advisor Account, you agree that such registration constitutes your electronic signature, and you consent to electronic provision of all disclosures and notices from Claim Advisor (“Notices”), including those required by Law. You also agree that your electronic consent will have the same legal effect as a physical signature.
Methods of Delivery: You agree that Claim Advisor can provide Notices regarding the Services to you through our website, or by mailing Notices to the email or physical addresses identified in your Claim Advisor Account. Notices may include notifications about your Claim Advisor Account, changes to the Services, or other information we are required to provide to you. You also agree that electronic delivery of a Notice has the same legal effect as if we provided you with a physical copy. We will consider a Notice to have been received by you within 24 hours of the time a Notice is either posted to our website or emailed to you.
SMS and Text Messages: You authorize us to provide Notices to you via text message to allow us to verify your or your Representative’s control over your Claim Advisor Account (such as through two-step verification), and to provide you with other critical information about your Claim Advisor Account. Standard text or data charges may apply to such Notices. Where offered, you may disable text message notifications in the Dashboard by responding to any such message with “STOP”, or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important Security Controls (as defined below) on your Claim Advisor Account and may increase the risk of loss to your business.
Requirements for Delivery: It should come as no surprise to you that you will need a computer or mobile device, Internet connectivity, and an updated browser to access your Dashboard and review the Notices provided to you. If you are having problems viewing or accessing any Notices, please contact us and we can find another means of delivery.
Withdrawing Consent: Due to the nature of the Services, you will not be able to begin using the Services without agreeing to electronic delivery of Notices. However, you may choose to withdraw your consent to receive Notices electronically by terminating your Claim Advisor Account.
Termination
Term and Termination: This Agreement is effective upon the date you first access or use the Services and continues until terminated by you or Claim Advisor. You may terminate this Agreement by closing your Claim Advisor Account at any time by emailing “close my account” and ceasing to use the Service. If you use the Services again or register for another Claim Advisor Account, you are consenting to this Agreement. We may terminate this Agreement or close your Claim Advisor Account at any time for any reason (including, without limitation, for any activity that may create harm or loss to the goodwill of a Payment Method) by providing you Notice.
Effects of Termination: Termination does not immediately relieve you of obligations incurred by you under this Agreement. Upon termination, you agree to (i) complete all pending Transactions, (ii) stop accepting new Transactions, and (iii) immediately remove all Claim Advisor logos from your website (unless permitted under a separate license with the payment network). Your continued or renewed use of the Services after all pending Transactions have been processed serves to renew your consent to the terms of this Agreement.
In addition, upon termination you understand and agree that (i) all licenses granted to you by Claim Advisor under this Agreement will end; (ii) subject to Section D.5, we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers; (iii) we will not be liable to you for compensation, reimbursement, or damages related to your use of the Services, or any termination or suspension of the Services or deletion of your information or account data; and (iv) you are still liable to us for any Fees or fines, or other financial obligation incurred by you or through your use of the Services prior to termination.
