Last updated on 3/11/24
INTRODUCTION.
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 “Claimant,” “Funder”, 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 or providing funding 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.
Key Definitions: As used in this Agreement, the following terms have the stated meanings.
Claim : A Claim is where an individual, group, or entity has been wronged or damaged by another, and has hired an attorney on a contingency fee basis to pursue and recover money from the wrongdoer to compensate them for their damages.
Case Funding : Case Funding is where an attorney or law firm seeks money to cover the costs of pursing one or more contingent fee cases or Claims on behalf of their clients.
Claimant : A Claimant is a User who has a Claim and is seeking funding from a Funder, based on the estimated value of their Claim. A Claimant will repay the Funder, with interest, from their monetary recovery on their Claim.
Firm : A Firm is an individual licensed attorney or law firm seeking Case Funding. A Firm will repay the money received from the Funder, with interest, from the fees obtained on the successful resolution of the cases or matters underlying their Case Funding request.
Funder : A Funder is an individual or business entity who is willing to provide funding to Claimants or Firms in return for a promise to pay back those funds with interest when, respectively, the Claimant obtains their monetary recovery on the funded Claim; or when a Firm obtains their fee(s) from the funded cases, matters, or Claim(s).
Non-Recourse : Non-recourse litigation funding is when a Claimant or Firm receives money from a Funder for a Claim or Case Funding request, and there is no obligation of repayment to the Funder if there is no recovery or fee on the funded Claim(s). All Claim and Case Funding transactions through ClaimAngel are non-recourse funding transactions. ClaimAngel does not facilitate consumer or commercial loans.
No Investment Advice or Brokerage Provided : ClaimAngel provides a platform that brings together Claimants, 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.
Acknowledgement of the Risks of Non-Recourse Funding: In non-recourse litigation funding, if the Claimant or Firm does not obtain a recovery or fee from their cases, matters, or Claims, the Funder may not go after the Claimant"s or 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 Claimant or Firm.
Acknowledgement of the Costs of Non-Recourse Funding: Because of the risk of total loss for the Funder, non-recourse litigation funding usually requires the Claimant or 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 Claimant or 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 Claimant"s or Firm"s request for funding found on the ClaimAngel will require the uploading of supporting documentation vetted by the handling attorney or that attorney"s authorized representative. A Claimant"s attorney or 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.
Claimants, Firms, and Funders are collectively referred to as “Users” in this document.
1. USERS & ACCOUNTS.
1.1 Individuals. 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.
1.2 Business Entities. 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.
1.3 Users affirm that they have not been previously suspended or removed from ClaimAngel Services and that they will only maintain one ClaimAngel account.
1.4 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.
1.5 Registration for a ClaimAngel Account. 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.
1.6 Consent to the Access and Storage of Your Personal Data. 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.
1.7 Email and Password Required. Claimants, Firms, and Funders will be required to provide a verified email address and to create a strong password to use ClaimAngel and ClaimAngel Services. After opening a ClaimAngel account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. Users shall not allow third parties to use your email address and password to access ClaimAngel or do anything that might jeopardize the security of your account. ClaimAngel shall not be responsible for your failure to safeguard your email address and password information nor for any consequences of such failure.
1.8 Access to Services is Not Guaranteed. 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.
2. USER INFORMATION ON THE SITE.
2.1 In addition to our Privacy Policy, the following terms and conditions govern the information you choose to provide on the Site related to Claims or Case Funding.
2.2 Posting Claim and Case Funding Requests. To obtain funding for Claims and Case Funding, Claimants and 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 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 Claim and 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.
2.3 Protected Health Information. Your protected health information (PHI) is individually identifiable health information, including demographic information, about your past, present or future physical or mental health or condition, health care services you receive, and past, present, or future payment for your health care. Demographic information means information such as your name, social security number, address, and date of birth.
2.3.1 Waiver of Privacy and HIPAA Complaints. With respect to any posted Claim Information, Claimants acknowledge that by providing your Claim Information, including PHI in your Claim Information, either directly or through your attorney, you authorize its disclosure to ClaimAngel (including its employees, agents, sub-contractors, and affiliates who process and handle your Claim and funding request), to other Users, and to visitors to the Site, without limitation, and forever waive any right to complain about its disclosure, or any violation of privacy laws, or laws that protect the provided PHI, including, but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (as amended) when your Claim Information and PHI is provided to and posted on ClaimAngel.
2.3.2 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.
2.3.3 Funders agree that you will not use any Claim Information and PHI available on ClaimAngel for any purpose other than evaluating a funding opportunity and that you will not store or disseminate such information to any other person or entity.
2.4 Waiver of Asserting Confidentiality or Privilege. Claimants acknowledge that Claim Information may include information usually protected by attorney-client privilege, attorney confidentiality, or other privileges, and that once it is provided as part of a funding request, you are expressly waiving any right to claim confidentiality, or assert attorney-client or other privilege as to Claim Information posted on the Site. Firms affirm and certify that your client(s) have agreed and consented to the provision of any Claim Information, and that your clients understand that any claims of attorney confidentiality, attorney-client or other privileges that may have attached to the Claim Information, are thereafter waived.
2.5 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.
2.6 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.
2.7 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.
3. VERIFICATION OF YOUR INFORMATION.
3.1 Purpose. 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 and/or to provide funding to other Users is dependent on you providing personal identifying information and/or proof of identity to ClaimAngel.
3.2 Required Identifying Information. Users (including designated owners/principals of business entities) who wish to register as a Claimant, Firm, or Funder, 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.
3.3 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.
3.4 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.
3.5 Source of Funds and KYC. Funders may be required to verify the source of funds that will be sent to Claimants and Firms. 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.
3.6 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.
3.7 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.
4. CONSENT TO E-SIGNING AND RECEIVING COMMUNICATIONS.
4.1 E-Signatures and Marks. 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.
4.2 Consent to Electronic Communications. 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.
4.3 Delivery. 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.
4.4 Hardware and Software Requirements. 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 128 - bit encryption (e.g. Internet Explorer version 9.0 and above, Firefox version 3.6 and above, Chrome version 31.0 and above, or Safari 7.0 and above) 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.
4.5 Withdrawing Consent. 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.
4.6 Updated and Current Information. 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 atsupport@claimangel.com.
4.7 Consent to Telephone Communications. 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.
5. FUNDING TRANSACTIONS AND FEES.
5.1 Acceptance of Conditions Common to All Funding Transactions. Claimants, Firms, and Funders acknowledge the following applies to all funding transactions completed through ClaimAngel:
a. Funder agrees and acknowledges that Claimant will have no obligation to repay Funder if there are no proceeds from the resolution of the Claim, unless Claimant commits fraud or other misconduct described herein. In other words, Funder understands it may receive no repayment.
b. Funder also agrees and acknowledges that in the event there are not enough proceeds from the successful resolution of the Claim to satisfy all obligations (including repayment to Funder) that Funder may have to accept less than the contracted repayment, whether through negotiation with Claimant and their attorney or through a court or administrative process which ClaimAngel does not control. In other words, Funder understands it may receive less than the contracted repayment.
c. Claimant agrees and acknowledges that the amount Claimant will be obligated to repay Funder from the Proceeds (as defined below) may be at rates substantially higher than a loan or other financing, and that Claimant"s payment obligations to Funder may result in there being no monies available to Claimant from the Proceeds.
d. Claimant further agrees that Claimant is granting Funder a first priority lien and right to be paid first from the Proceeds before other disbursements are made by Claimant"s Attorney.
e. Claimant acknowledges that Claimant has been provided an opportunity to have all terms and conditions of the funding transaction, including these Terms and Conditions of Use fully explained to Claimant and all questions answered, and has either done so or determined it was not necessary.
f. Funder acknowledges that Funder has been provided an opportunity to have all terms and conditions of the funding transaction, including these Terms and Conditions of Use fully explained to Funder and all questions answered, and has either done so or determined it was not necessary.
g. All Users agree that a completed funding transaction IS NOT A LOAN. A completed funding transaction is a purchase and sale of property rights.
h. 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.
i. 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.
5.2 The Funding Transaction Process. After a User has registered with the Site and their identity and all other information required by us is verified, Claimants and Firms will be able to post requests for funding and Funders will be able to review and evaluate funding requests and initiate an offer to provide funding to Claimants and/or Firms.
5.2.1 The Claim. As a Claimant you have posted a Claim in anticipation that you will be entitled to monetary sums as compensation for personal injuries, medical malpractice, civil rights violations, employer misconduct, clerical abuse, wrongful death, and/or other damages sustained because of an incident/accident that has damaged you. Any monetary sums recovered pursuant to the Claim, and/or from any proceeding arising from the events that are the basis of the Claim, through settlement, verdict, judgement, arbitration, statutory schedule, or otherwise, if any, are referred to as the “ Proceeds ”.
5.2.2 Claimant Warranties and Representations. By participating in a funding transaction, Claimants warrant and represent the following:
a. No Impairments. You are not aware of any Claims, liens, or judgments asserted against you which could materially impair the rights, value, priority, or collectability of the rights sold and assigned to Funder hereunder, except amounts for attorney"s fees, costs of suit advanced by your Attorney, and other liens having priority by operation of law. You shall not create or allow the creation of any interest in or encumbrance on the Proceeds other than an interest, lien, or encumbrance in favor of Funder without Funder"s written agreement. If Funder decides to file a UCC-1 financing statement in the appropriate jurisdiction against the Claim and any proceeds thereof for notice purposes, Claimant hereby grants to Funder a limited power of attorney to execute and file any such financing statement.
b. You specifically promise not to sell to any third party any other interest in the Claim and its Proceeds, unless and until Funder has been paid as agreed or has given you prior written permission.
c. You hereby authorize and direct your Attorney to provide us and the Funder with all relevant facts related to the Claim as well as copies of pleadings, motions, rulings, and other documents filed or issued in connection with the Claim.
d. You hereby authorize and direct your Attorney to advise Funder on the procedural progress of the Claim, including notice of the Claim"s resolution.
e. You are competent and of sound mind and able to enter into the funding transaction and have done so voluntarily and without duress.
f. You have the full power and authority to enter into the funding transaction and sell the property interest in your Claim to Funder and this does 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 this transaction and cooperate as necessary.
g. You are using the funds received from the funding transaction for your immediate economic necessities and not to pay your Attorney"s fees or costs related to pursuing the Claim. You have been advised to assess alternatives to funding your immediate economic needs prior to accepting the funding.
h. Your contracted fee obligation to your Attorney does not exceed 40% of any Claim Proceeds.
i. 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.
j. You have not been convicted of a felony or other crime involving dishonesty.
k. You are current with and not in violation of any spousal or child support (or related) obligations.
l. You have paid all federal, state, and local taxes due through and including the date you accept the funding, or have made adequate provisions for such payments. There are no outstanding federal, state, or local tax liens against you.
m. You are not currently in bankruptcy and you do not have any plans to file for bankruptcy protection in any court. If you become involved in a bankruptcy proceeding prior to the satisfaction of all amounts due on a funding transaction, you agree to irrevocably and without condition notify Funder of such event and to notify the bankruptcy court that Funder owns a portion of the potential Proceeds of the Claim and that they are an asset of the Funder. You acknowledge that subject to a contrary order of the bankruptcy court, because the funds advanced by Funder are not a loan , your obligations to Funder ordinarily will not be discharged or reduced as a result of any bankruptcy or insolvency proceedings.
n. You shall use, and shall cause your Attorney to use, their respective best efforts and exercise good faith to pursue your right to litigate the Claim to good faith settlement or final judgment and to enforce collection of all amounts due under a funding transaction.
o. You confirm that all statements made hereunder are true and correct to the best of your knowledge.
p. Funder has based its decision in part to purchase an interest in the Claim based on various factors including but not limited to, the potential value of the Claim, the liability of the obligated parties under the Claim, and injuries suffered by you. You acknowledge and agree that if you have made any material and or false misrepresentations related to the Claim and obtaining the funding from Funder, that you will have materially breached your agreement with Funder, and Funder shall have the right to seek recovery of the amounts paid to you and all fees which would be due under the funding transaction and this Agreement, including Funder"s legal fees related to such recovery.
q. If you retain a different attorney to pursue the Claim after entering accepting funds, you shall immediately notify ClaimAngel and Funder of the name and contact information of your new attorney.
r. You shall cause your Attorney to execute and deliver to Funder its acknowledgement of the Letter of Instruction and to execute and deliver to Funder the Attorney Acknowledgment, provided during the transaction process, prior to receiving the funding.
s. You agree to promptly advise ClaimAngel of any changes to your address, email address, or phone number.
t. 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 your Claim and funding request for all parties requesting information to validate your Claim and funding request.
5.2.3 Documents Required for Claim Verification. To create a funding request and listing on the Site, Claimant or Claimant"s attorney will be required to provide the Claim Information related to the Claim and funding request for review by our verification team. Claimant"s attorney shall vet all Claim Information. Our verification team will then use the Claim Information to create and post a listed Claim funding request in the appropriate section of the Site. The choice of section, labeling, categorization, or other segmenting of the Claim 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 Claimant but may not exceed the estimated value of the Claim. Claimants may only list one request per Claim.
5.2.4 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.
5.2.5 Firm Warranties and Representations. By participating in a funding transaction, Firms warrant and represent the following:
a. No Impairments. You are not aware of any Claims, liens or judgments asserted against you which could materially impair the rights, value, priority, or collectability of the rights sold and assigned to Funder hereunder. You shall not create or allow the creation of any interest in or encumbrance that would impair the Funder"s rights. If Funder decides to file a UCC-1 financing statement in the appropriate jurisdiction for notice purposes, Firm hereby grants to Funder a limited power of attorney to execute and file any such financing statement.
b. 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.
c. 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.
d. 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.
e. 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.
f. 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. g. 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.
h. 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.
i. You have paid all federal, state, and local taxes due through and including the date you accept the funding, or have made adequate provisions for such payments. There are no outstanding federal, state, or local tax liens against you.
j. You are not currently in bankruptcy and you do not have any plans to file for bankruptcy protection in any court. If you become involved in a bankruptcy proceeding prior to the satisfaction of all amounts due hereunder, you agree to irrevocably and without condition notify Funder of such event and to notify the bankruptcy court that Funder owns a portion of the potential fees from the Claims or lawsuits underlying the funding transaction, and that they are an asset of the Funder. You acknowledge that subject to a contrary order of the bankruptcy court, because the funds advanced by Funder are not a loan , your obligations to Funder ordinarily will not be discharged or reduced as a result of any bankruptcy or insolvency proceedings.
k. You confirm that all statements made hereunder are true and correct to the best of your knowledge.
l. Funder has based its decision in part to provide funding based on the information provided by you to Funder. You acknowledge and agree that if you have made any material and or false misrepresentations to obtain the funding, that you will have materially breached your agreement with Funder, and Funder shall have the right to seek recovery of the amounts paid to you and all fees which would be due under this Agreement, including Funder"s legal fees related to such recovery.
m. You agree to promptly advise ClaimAngel of any changes to your address, email address or phone number.
5.2.6 Funder Warranties and Representations. By participating in a funding transaction, Funders warrant and represent the following:
a. Compliance with Anti-Money Laundering Laws. The funds provided by you are sourced from a bona fide financial institution able to do business in the United States, and such funds are not part of any scheme or process to disguise illicit funds as legitimate or to hide the true source of such funds (money laundering). To the best of your knowledge, you are in compliance with all anti-money laundering laws, including the Bank Secrecy Act and its regulations.
b. 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.
c. You have the full power and authority to enter into the funding transaction and purchase the property interest from the Claimant or Firm. You 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 this transaction and cooperate as necessary.
d. 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, that would impair or create a Claim on the funds provided here. You have not been convicted of a felony or other crime involving dishonesty.
e. You are current with and not in violation of any spousal or child support (or related) obligations.
f. You have paid all federal, state, and local taxes due through and including the date you enter the transaction, or have made adequate provisions for such payments. There are no outstanding federal, state, or local tax liens against you.
g. You are not currently in bankruptcy and you do not have any plans to file for bankruptcy protection in any court.
h. You confirm that all statements made hereunder are true and correct to the best of your knowledge.
i. You agree to promptly advise ClaimAngel of any changes to your address, email address, or phone number.
5.2.7 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.
5.2.8 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.
5.2.9 No Guarantee of Funding. Your listing of a Claim or 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.
5.2.10 Offers to Fund. Funders who have been verified will be able to browse and search Claim and Case Funding request listings on the Site through a variety of criteria related to the type of Claim or 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.
5.2.11 Supplemental Terms. Once a Funder has agreed to fund a Claim or Case Funding request, the Claimant"s attorney or 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.
5.2.12 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.
5.2.13 Receipt and Disbursement. Once the funds are received by us, we will initiate a transfer of those funds to the Claimant or Firm, deducting our fees in the process. The transfer to the Claimant or Firm shall be via the financial application selected by Claimant or 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.
5.2.13.1 Acceptance of Dwolla Payment Platform. In order to use ACH and cryptocurrency 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.
5.2.14 Risk of Cryptocurrency Fluctuations. Users choosing a to send or receive funds via cryptocurrency accept all risk for fluctuations in value that may occur before a transaction is complete. We will not be responsible if its value decreases while the transaction is pending or while a transfer is in process. You will not be allowed to cancel a transaction due to a drop in value once you have accepted the funding documents.
5.3 Payback of Cash Advance. A Claimant or Firm shall always have the right to payback any funding received themselves before any recovery or resolution is completed. Otherwise, once a Claim or case is resolved, Claimants or 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, Claimants or 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.
5.4 Fees.
5.4.1 At Time of Funding. When a transaction is funded, ClaimAngel will collect a three point ninety- nine percent ( 3 .99%) transaction fee from the Claimant/Firm, and a zero point seventy-five percent (.75%) transaction fee from Funder. The transaction fees are calculated based on the amount funded. ClaimAngel will also collect a $49.00 processing fee when the funding is initiated.
5.4.1.1 Buyout of a Prior Funding. If a Claimant/Firm has previously obtained funding on their Claim, and then obtains more funding for the same Claim from a new Funder, the original Funder"s contract must be bought out by the new Funder. This is a “buyout funding” and ClaimAngel will collect a one point ninety-nine percent ( 1 .99%) transaction fee from the Claimant/Firm on the buyout amount. ClaimAngel will also collect the fees described in Section 5.4.1 based on the amount of the new funding obtained, as well as the processing fee.
5.4.1.2 Additional Funding Request. If a Claimant/Firm obtains additional funding on their Claim from the same Funder, that is called an additional funding request, and no buyout is required. The additional funding request will have a new separate contract. For the new contract, ClaimAngel will collect the fees described in Section 5.4.1 based on the amount of the new funding obtained, as well as the processing fee.
5.4.2 At Time of Repayment. When repayment is made, ClaimAngel will collect a one point ninety- nine percent ( 1 .99%) transaction fee from the Claimant/Firm, and a zero point seventy-five percent (.75%) transaction fee from Funder. Fees are calculated based on the amount repaid.
5.4.3 In its sole discretion, ClaimAngel may charge lower or higher transaction fees for any particular funding transaction, but any such fluctuations will be disclosed in the funding documents and agreed to by Claimant and Funder.
5.4.4 Other fees. ClaimAngel reserves the right to, and may pass any along other fees incurred due to a funding transaction, including but not limited third party verification fees, credit card fees, processing fees, and ACH fees, to the Claimant, Firm, or Funder and deduct such fees from funds received or paid out. Such fees shall be disclosed in the funding documents.
5.5 Risks of Non-Recourse Funding. Funders acknowledge that there is always a risk that a Claimant or Firm will recover nothing on a Claim or case, and in such event you will receive nothing and have no right to pursue re-payment. Claimants and Firms acknowledge that because of the risk of zero payback that Funders accept, you may pay significantly more to repay the funding received than you would if you obtained a conventional loan or other traditional financing for your financial needs, and may end up with no additional money from your case or Claim. All Users accept and agree to these risks.
5.6 Attorney Acknowledgement Required. As part of all funding transactions, the representing attorney will be required to acknowledge and agree to use any proceeds from a Claim to satisfy your obligation to the Funder before disbursing monies to anyone else, and that Funder has a priority first position lien on any monies received from the successful resolution of your Claim or case.
5.7 No Liability for Delays. ClaimAngel will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner, but ClaimAngel makes no representations or warranties regarding the amount of time needed to complete the processing of a funding transaction, which is dependent upon many factors outside of our control.
6. DATA PROTECTION & SECURITY.
6.1 The following terms and conditions govern your use of ClaimAngel and its Services in addition to our Privacy Policy.
6.2 Personal Data. You acknowledge and agree that we may process personal data in relation to you, and process personal data that you have provided or in the future provide to us in relation to your employees and other associated individuals, in connection with this Agreement, or the ClaimAngel Services. Accordingly, you represent and warrant that: (i) your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and such data are accurate, up to date and relevant when disclosed; (ii) before providing any such personal data to us, you have read and understood this Agreement and our Privacy Policy, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided a copy of that Privacy Policy (as amended from time to time), to that individual; and (iii) if from time to time we provide you with a replacement version of the this Agreement and/or Privacy Policy, you will promptly read that notice and provide a copy to any individual whose personal data you have provided to us.
6.3 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 (8 77 ) 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.
6.4 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.
6.5 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.
7. GENERAL PROVISIONS AND TERMINATION.
7.1 ClaimAngel Content. Unless otherwise stated, all content (other than Claim Information provided by you) that is included in or made available through the ClaimAngel Services, ClaimAngel Site or any related content, materials, and information such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (collectively, the “Content”) is the property of ClaimAngel or its affiliates or its content providers and protected by United States and international copyright laws. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the ClaimAngel Services, ClaimAngel Site, and Content solely for purposes approved by ClaimAngel from time to time. This license is revocable at any time. Any other use of the ClaimAngel Services, ClaimAngel Site or Content is expressly prohibited and all other right, title, and interest in the ClaimAngel Services, ClaimAngel Site or Content is exclusively the property of ClaimAngel and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part without the prior written consent of ClaimAngel.
7.2 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.
7.3 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.
7.4 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.
7.5 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.
7.6 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.
7.7 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.
7.8 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).
8. PROHIBITED USES OF CLAIMANGEL.
In addition to the other restrictions outlined in this Agreement, you agree that you will not:
Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in this Agreement or the terms of any third party that govern a particular Service;
Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
Upload photographs or images or documents or other data/information that you are not fully authorized to upload to the Site for the intended purpose of the Site;
Upload photographs or images or documents or other data/information that violates any law or regulation or that is graphically sexual;
Compromise the security of the Services;
Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials;
Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data from the Site;
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;
Attempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of the Services that you are not authorized to access;
Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
Engage in any harassing, intimidating, predatory, or stalking conduct;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
Violate the publicity, privacy, or data-protection rights of others;
Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party;
Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your User account our prior written consent;
Create or maintain a Claim or Case Funding request for anything other than the intended use of this Site;
Develop any third-party applications that interact with the Site or the Services without our prior written consent; and
Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates this Agreement.
9. CUSTOMER SUPPORT AND DISPUTES.
9.1 General Contact. If you have feedback, or general questions or concerns, contact us atsupport@claimangel.com or through our contact methods provided on the Site.
9.2 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.
9.2.1 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.
9.3 Arbitration. You agree to be bound by the Arbitration Agreement in Section 1 1 of this Agreement.
9.4 Service of Process. ClaimAngel requires that all legal documents (including civil subpoenas, complaints, and small Claims) be served on our registered agent for service of process in Florida. The current contact information for Claim Angel Inc"s registered agent may be found through the Florida Secretary of State"s Office, available at http://www.sunbiz.org.
10. LIMITATIONS ON LIABILITY AND INDEMNIFICATION.
10.1 Limitation of Liability; No Warranty. CLAIMANGEL AND ITS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH CLAIMANGEL ARE PROVIDED BY CLAIMANGEL ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CLAIMANGEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF CLAIMANGEL, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH CLAIMANGEL, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF CLAIMANGEL IS AT YOUR SOLE RISK. 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.
10.2 Limitation of Damages. You assume total responsibility for your use of the Services. Your only remedy (other than as modified above) against ClaimAngel for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding this Agreement, ClaimAngel is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, ClaimAngel"s liability shall in no event exceed the amount of fees you paid for the Services, if any, over the prior 12 months, or $1000.00, whichever is lower. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
10.3 Release of Liability; Indemnification. You agree that if you have a dispute with one or more other Users of ClaimAngel, you release ClaimAngel, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees, and representatives from any and all Claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold ClaimAngel, its affiliates and service providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any Claim or demand (including attorneys" fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
11. ARBITRATION; CLASS ACTION WAIVER; AND WAIVER OF JURY TRIAL.PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND CLAIMANGEL TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
11.1 Applicability and Scope of Arbitration Agreement. In this Section 1 1 (the “Arbitration Agreement”), you and ClaimAngel, our members, managers, officers, employees, affiliates, parent companies, subsidiaries, contractors, licensors, and suppliers (collectively the “ClaimAngel Parties”) agree that all Claims and disputes (whether contract, tort, or otherwise), including all statutory Claims and disputes, arising out of or relating to this Agreement or the use of the Services that cannot be resolved in small Claims court will be resolved by binding arbitration on an individual basis, except that you and the ClaimAngel Parties are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: the phrase “all Claims and disputes” also includes Claims and disputes that arose between us before the effective date of this Agreement. In addition, all disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
11.2 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. If you are an individual, the AAA"s Consumer Arbitration Rules will govern all aspects of this arbitration, except to the extent those rules conflict with this Agreement. If you are a business entity, the 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.
11.3 Fees. The AAA sets forth fees for its services, which are available athttps://adr.org/sites/default/files/Consumer_Fee_Schedule_2.pdf. If ClaimAngel is the party initiating an arbitration against a User who is an individual, ClaimAngel will pay all costs associated with the arbitration, including the entire filing fee. If a User who is an individual is the party initiating an arbitration against the ClaimAngel Parties, you will be responsible for the $200 nonrefundable Consumer Case Filing Fee, and ClaimAngel will pay all other fees required by the AAA Consumer Arbitration Rules. Business entities will be responsible for their 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.
11.4 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 by the Claimant"s individual Claim. 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.
11.5 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.
11.6 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.
11.7 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.
11.8 Venue. Individuals making an arbitration Claim will have the option of initiating an arbitration Claim in their state of residence (so long as it is a U.S. State or the District of Columbia), or in the venue established in Section 12.2. Business entities making an arbitration claim will be required to use the venue established in Section 12.2
11.9 Small Claims Court. Notwithstanding the foregoing, either you or ClaimAngel may bring an individual action in small claims court.
11.10 Survival. This arbitration agreement will survive the termination of your relationship with the ClaimAngel Parties
12. ADDITIONAL TERMS.
12.1 Incorporation of All Policies by Reference. For the purposes of the Arbitration Agreement and these Additional Terms, any reference to “this Agreement” shall include all of our policies and procedures, including our Privacy Policy (including our use of Cookies), DMCA procedures, and any other policy set forth in our policies section, which are hereby incorporated by reference.
12.2 Venue. To the extent that this Agreement allows you or ClaimAngel to initiate litigation in a court, both you and ClaimAngel agree that all Claims and disputes (whether contract, tort, or otherwise), including statutory Claims and disputes, arising out of or relating to this Agreement or the use of the Services will be litigated exclusively in the state or federal courts of Broward County, Florida. You and ClaimAngel consent to the personal jurisdiction of such courts.
12.3 Choice of Law. Except to the extent they are preempted by U.S. federal law, the laws of Florida, other than its conflict-of-laws principles, govern this Agreement and any Claims and disputes (whether contract, tort, or otherwise) arising out of or relating to this Agreement or their subject matter.
12.4 Severability. If any provision of this Agreement is found unenforceable, then that provision will be severed from this Agreement and not affect the validity and enforceability of any remaining provisions.
12.5 Entire Agreement. This Agreement comprises the entire understanding and agreement between you and ClaimAngel as to the subject matter hereof, and supersedes any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of this Agreement), between you and ClaimAngel. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
12.6 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.
12.7 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.
12.8 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.
12.9 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.
12.10 Reservation of Rights. We reserve all rights not expressly granted to you.
12.11 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.