These Terms of Service (“Terms”) govern your use of eibcclaims.com web site located at https://www.eibcclaims.com (the “Site”) and the services that are made available through the Site (collectively, the “eibcclaims Service”). Please read these Terms carefully. By using the eibcclaims Service, you are stating that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the eibcclaims Service.
Arbitration Agreement. This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
Your Responsibilities. You agree not to use the eibcclaims Service to violate any local, state, national, or international law or regulation.
Forms and Submissions. eibcclaims does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit or make available for inclusion on or through the eibcclaims Service (“Forms and Submissions”). As between eibcclaims and you, you own all rights to your Forms and Submissions.
Automatic Renewal. Paid accounts are subscriptions. This means that you will be billed in advance on a recurring, periodic basis. Your eibcclaims Service subscription will automatically renew at the end of each billing cycle until you cancel your eibcclaims subscription by selecting the starter plan on the billing page. You can also cancel by emailing the eibcclaims Support Team at firstname.lastname@example.org. When you downgrade, your account will remain at your current plan through the end of your current billing cycle.
Downgrades. Downgrading your eibcclaims account plan may cause the loss of features or capacity of your account. To the extent permitted by applicable law, eibcclaims Service does not accept any liability for such losses. Even when you cancel or downgrade your subscription, you will not lose any of your forms or your data.
10 Day Money Back Policy. If for any reason you decide you want to cancel your account within 10 days of your payment, we’ll issue a full refund. To do so, just email the eibcclaims Support Team at email@example.com.
Spam. You agree that you will not use the eibcclaims Service or any form(s) you create using the eibcclaims Service for scamming purposes to attract, lure, or illegally obtain payment of any sort from others by unjustifiable means such as posting a eibcclaims Service as a money-making program on a classified ads site as an example of that. Any account reported or found doing so will be immediately suspended.
Phishing. You agree that eibcclaims may terminate your eibcclaims Service immediately if a form’s purpose is found to be deceptively obtaining, for example: social security numbers, user login credentials, or other sensitive personal information. All these activities are considered as Phishing and any account along with the violating forms will be suspended immediately.
Collecting Sensitive Information. You may not use the eibcclaims Service to collect certain types of sensitive information, including but not limited to, and any type of login credentials. You may collect some sensitive information such as social security numbers or driver’s license numbers, but you are required to use best security practices of eibcclaims including SSL and Encrypted Forms features. You are solely responsible for compliance with any data protection and privacy laws and rules applicable to the sensitive information.
Copyright Infringement. eibcclaims respects the intellectual property rights of others. Accordingly, eibcclaims has a policy of disabling access to any Submission that violates copyright law, suspending access to the eibcclaims Service to any user who uses the eibcclaims Service in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the eibcclaims Service in violation of copyright law.
Payments. eibcclaims offers payments mechanism where payment shall be made directly into the bank accounts of the Company.
Termination. You agree that eibcclaims may terminate your eibcclaims Service membership or suspend your access to all or part of the eibcclaims Service, without notice, if eibcclaims determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that eibcclaims shall not be liable to you or any third party for removing your submissions or suspending or terminating your access to the eibcclaims Service. You may discontinue your participation in and access to the eibcclaims Service at any time.
Upon termination of this Agreement, for any reason, you agree to cease all use of the eibcclaims Service. Any termination will not affect your obligations to us under this Agreement (including, without limitation, payments, ownership, indemnification and limitation of liability) which are intended to survive such suspension or termination. We will be entitled to discontinue prospective hosting of Forms and Form Submission Data.
Modifications To Terms. eibcclaims may, in its sole and absolute discretion, change these Terms from time to time. eibcclaims will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the eibcclaims Service. Continued use of the eibcclaims Service following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Modifications To eibcclaims Service. Prices of all eibcclaims Services, including but not limited to subscription plan fees to the eibcclaims Service. eibcclaims reserves the right to modify or discontinue the eibcclaims with or without notice to you. Any subscription(s) that are pre-paid shall not be affected by this notice until the expiration of said subscription(s). Such notice may be provided at any time by posting the changes to the eibcclaims website or the eibcclaims Service itself.
eibcclaims shall not be liable to you or any third party should eibcclaims exercise its right to modify or discontinue the eibcclaims Service.
eibcclaims Inc. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service as envisaged under Termination section.
eibcclaims shall not be liable in any event for matters which arise due to circumstances beyond our reasonable control.
Email Communications. By giving your email address to eibcclaims you agree to receive administrative, announcements, newsletters, sales, and marketing emails from eibcclaims.
Links. eibcclaims provision of a link to any other website or Internet resource is for your convenience only and does not signify eibcclaims endorsement of such other web site or resource or its contents. eibcclaims shall have no responsibility or liability for any information, software, or materials found at any other web site or Internet resource.
eibcclaims is not responsible for the content on the Internet or World Wide Web pages that are contained outside the Websites. As a convenience to our members, eibcclaims provides links to resources. eibcclaims makes no representations as to the quality, suitability, functionality or legality of any websites to which eibcclaims may provide links, and you hereby waives any claim you or the User may have against eibcclaims with respect to any such websites. Unless you have a written agreement or a specific consent in effect with eibcclaims which states otherwise, links to the Websites may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that eibcclaims is affiliated with any person or entity, or that eibcclaims services otherwise endorses, sponsors or affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Websites may not be such as to damage or dilute the goodwill associated with the eibcclaims name and Trademarks; (c) all links to the Websites must “point” to the URL “www. eibcclaims.com” and not to other pages within the Website; (d) all links to the Website, when activated by a user, must not display the Website within a “frame” on the linking website, or any other website.
Without limiting any of the above, eibcclaims reserves the right to revoke its consent to any link to the eibcclaims website, at any time in its sole discretion.
No Resale Of eibcclaims Service. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion (except for your User Submissions, to which eibcclaims agrees you retain all rights) of the eibcclaims Service, use of the eibcclaims Service, or access to the eibcclaims Service.
Form Availability. eibcclaims makes no warranty that forms provided by eibcclaims Service will be available 100% of the time and will be error free. You will be solely responsible for any damage arising from any errors on a form or unavailability of a form.
Disclaimer of Warranties. You understand and expressly agree that use of the eibcclaims Service is at your sole risk. the eibcclaims Service is provided on an “as is” and “as available” basis. eibcclaims expressly disclaims all warranties of any kind, whether express or implied, with respect to the eibcclaims Service (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). JotForm Inc. makes no warranty that the eibcclaims Service will meet your requirements, or that the eibcclaims Service will be uninterrupted, timely, secure, or error free. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of eibcclaims is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from eibcclaims or through the eibcclaims Service shall create any warranty not expressly made herein.
Limitation of Liability. You understand and expressly agree that, to the extent permitted under applicable law, in no event will eibcclaims or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the eibcclaims Service.
Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that eibcclaims may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of eibcclaims liability shall be the minimum permitted under such applicable law.
Indemnification. You agree to indemnify, defend, and hold harmless eibcclaims, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the eibcclaims, (b) your (or anyone using your account’s) use of the eibcclaims Service, (c) your (or anyone using your account’s) violation of these Terms, and (d) your (or anyone using your account’s) violation of any rights of any other person or entity.
Miscellaneous. These Terms constitute the entire and exclusive and final statement of the agreement between you and eibcclaims with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and eibcclaims with respect to the subject matter hereof. These Terms and the relationship between you and eibcclaims shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the eibcclaims Service shall be brought in the Federal or State courts located in California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of eibcclaims Inc. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of eibcclaims and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the eibcclaims Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the eibcclaims Service.
Third Party Vendors. The User may order or use services through the eibcclaims Service from third parties not affiliated with eibcclaims ( ”Third Party Vendors”). By submitting a request of any kind, including but not exclusive to Vendor Integration Requests, Connections and Interactions through the eibcclaims Service, you are giving to consent that all requests are authorized by you and that a Vendor may, at their discretion, perform all actions deemed necessary for the performance of service including but not exclusive to implementing vendor integration services into a live production environment without any additional authorization by you.
All matters concerning such services desired from Third Party Vendors, including but not limited to purchase terms, payment terms, warranties, guarantees, license terms, maintenance and delivery, are solely between the Third Party Vendors and the User and should be directed to such particular Third Party Vendor. eibcclaims makes no warranties or representations whatsoever with regard to any such services or merchandise provided by Third Party Vendors. The User will not consider eibcclaims, nor will eibcclaims Inc. be construed, as a party to, or a third party beneficiary of, such transactions, whether or not eibcclaims may have received revenue or other remuneration in connection with the transaction. eibcclaims will not be liable to the User for any costs or damages incurred by the User or any other person with respect to or arising out of transactions with Third Party Vendors.