TERMS AND CONDITIONS

Terms and Conditions

Updated 1/24/2021


Overview

The https://claimedge.co website (the “Website”), user platform (the “Platform”), and any other related features, content or applications (collectively, the “Service”) are operated by Mayfair Group LLC, its subsidiaries, affiliates and partners (collectively, “Mayfair,” “us,” or “we”) under the name ClaimEdge™. The ClaimEdge Service connects insurance claim organizations, and their representatives (“Claim Organizations”) with attorneys and law firms who are authorized to practice law by the State and performing within the scope of their practice as defined by State law (“Legal Services Providers” or “LSPs”). In this document, the Claim Organizations and LSPs are together referred to as “users” or “you”. While using the ClaimEdge Service, Mayfair regards all Claim Organizations and LSPs as representative agents of the entities for which they work.


Your Use of the ClaimEdge Service


By visiting and/or using the ClaimEdge Service, you signify that you have read, understand and agree to be bound by these Terms and Conditions (herein also referred to as “Agreement”). The Service is operated in the United States of America. Access to the Service is governed by these Terms and Conditions under the laws of the State of California and the United States. Use of the Service and Registration as a User of the Service results in your information being stored and processed in the United States, and you specifically consent to Mayfair's storage and processing of the personal data you submit.


The Website, Platform and Services provided herein are intended for adults. Any registration by, use of, or access to the Service by any minor is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using the ClaimEdge Service, you represent and warrant that you are of legal age, and that you agree to abide by all of the terms and conditions of this Agreement. This Agreement applies to all users of the ClaimEdge Service, including users who are also contributors of user submitted content, information, and other materials on ClaimEdge's Service.


Mayfair has the right, at its sole discretion, to modify this Agreement, as well as the Services, at any time. Changes will be posted on the pertinent Website, Service and/or sent via email or other communication, and by changing the date of last revision on this Agreement. If any portion of this Agreement or any change to the Services is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you must discontinue use of the Service. Continued use of the Services now or following posted notices of changes to this Agreement means that you have accepted and agree to be bound by the changes.


Mayfair hereby grants you permission to use the ClaimEdge Service as set forth in this Agreement, provided that:

  1. You agree to comply with all applicable laws and refrain from infringing any third-party rights or interests (for example, privacy and intellectual property rights); you must also agree that you will not knowingly or willfully submit inaccurate, defamatory or offensive content to the Service; you agree not to reproduce, duplicate, copy, sell, trade, repackage, broadcast, reverse engineer, resell or exploit for any commercial purposes, in whole or in any part, any of the ClaimEdge Service, content or infrastructure, and you further agree that your use of the Service is permitted solely for your business and professional; you will not copy or distribute any part of the ClaimEdge Service in any medium without Mayfair's prior written authorization; you will not take and/or use any screenshots of the Website, Platform or Service for any purpose without prior written authorization; you will not alter or modify any part of the Website, Platform or Service other than as may be reasonably necessary to use the Website, Platform or Service for their intended purposes; you will otherwise comply with the terms of this Agreement.

  2. If Mayfair provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of Mayfair and the specific user to do so.

  3. In order to access the features of the ClaimEdge Service, you will have to create an account. You may never use another user's account. When creating your account, you must provide true, accurate and complete information. You agree not to use the ClaimEdge Service to impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Mayfair immediately of any breach of security or unauthorized use of your account. Although Mayfair will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as us if your account is used in violation of this Agreement. Mayfair reserves the right to use publicly available information about you for promotional and/or marketing purposes.

  4. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the ClaimEdge Website, Platform or Service. Notwithstanding the foregoing, Mayfair grants the operators of public search engines permission to use spiders to copy materials from the ClaimEdge Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Mayfair reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the ClaimEdge Service, nor to use the communication systems provided by the ClaimEdge Service for any commercial solicitation purposes. You agree to not upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any form of solicitation. You agree to not solicit, for commercial purposes, any users of the ClaimEdge Service.

  5. Claim Organizations can connect with LSPs on the ClaimEdge Service by sending an “invitation” via email to connect to the LSP, who may respond affirmatively, in which case the LSP and Claim Organization connect successfully, or may respond negatively, in which case the LSP and Claim Organization do not connect. LSPs receive these invitations to connect via automated email from the ClaimEdge Service on behalf of the Claim Organization. LSPs are free to edit their user preferences to disable the receipt of invitations, or any other communication. If LSPs so choose, they may edit their user preferences to automatically accept every invitation received from Claim Organizations on the ClaimEdge Services. LSPs are free to enable or disable this feature of their own volition. Users are not obligated whatsoever to accept invitations sent by other users to connect; the choice to connect rests entirely with the invited user. Accordingly, Mayfair does not guarantee that users will accept invitations to connect, and Mayfair bears no responsibility whatsoever for ensuring that connections are made.

Mayfair reserves the right to change these Terms and Conditions from time to time and the changes take effect when we post them on the Website or as otherwise described herein.


Intellectual Property Rights


The content in the ClaimEdge Service, except user submissions (as defined below), including without limitation, the text, software, scripts, graphics, fields, templates, images, pictures, audio, sounds, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Mayfair, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.


Content in the ClaimEdge Service is provided to you AS IS for your information and business use solely in connection with the services provided by a Legal Services Provider to or on behalf of a Claim Organization and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Mayfair. Mayfair reserves all rights not expressly granted in and to the ClaimEdge Service. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of user submissions of third-parties obtained through the Website, Platform or Service for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the ClaimEdge Service or features that prevent or restrict use of copying of any Content or enforce limitations on use of the ClaimEdge Service or the Content therein.


The ClaimEdge Website may contain links to third party websites that are not owned or controlled by Mayfair and Mayfair has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Mayfair will not and cannot censor or edit the content of any third-party site. You expressly release Mayfair from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the ClaimEdge Website, Platform and Service to read the terms and conditions and privacy policy of each website you visit.


User Submissions

  1. The ClaimEdge Service supports the submission of content by LSP and Claim Organization users, which may include information and communications relating to the defense of lawsuits assigned by the Claim Organization, including but not limited text, graphics, photos, images, audio, videos, recordings or other communications (collectively, “User Submissions”). Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our Privacy Policy, which is incorporated by this reference.

  2. You shall be solely responsible for your own User Submissions and the consequences of submitting them. In connection with User Submissions, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Mayfair to use all copyright, privileged or other proprietary rights in and to any and all User Submissions to enable use of the User Submissions in the manner contemplated by the ClaimEdge Service and this Agreement. For clarity, you retain your ownership rights in your User Submissions. However, by submitting the User Submissions, you hereby grant Mayfair a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, and prepare derivative works of and from the User Submissions in connection with Mayfair's (and its successor's) business, including without limitation for creating, promoting and redistributing new or additional features of the ClaimEdge Services (and derivative works thereof) for Claim Organizations, LSPs and others. You also hereby grant each user of the ClaimEdge Service a non-exclusive license to access your User Submissions through the ClaimEdge Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the ClaimEdge Service and pursuant to this Agreement.

  3. In connection with User Submissions, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to utilize the material and to grant Mayfair all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Mayfair or any third-party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or harm minors in any way or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. Mayfair does not endorse the correctness of any User Submissions or any opinion, recommendation, or advice expressed therein, and Mayfair expressly disclaims any and all liability in connection with User Submissions. ClaimEdge does not permit copyright infringing activities and infringement of intellectual property rights on the ClaimEdge Service, and ClaimEdge will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another's intellectual property rights. Mayfair reserves the right to remove Content and User Submissions without prior notice. Mayfair also reserves the right to terminate a User's access to its Service, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the ClaimEdge Service more than twice. Mayfair also reserves the right to decide whether Content or a User Submission is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, racially or ethnically offensive content, or obscene or defamatory material. Mayfair may remove such User Submissions and/or terminate a User's access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.

  4. If you are a copyright owner or an agent thereof and believe that any User Submission, Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by following our Copyright Infringement Notification Process.

  5. You understand and acknowledge that, when using the ClaimEdge Service, Mayfair is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Submissions, and that you may be exposed to User Submissions that are inaccurate, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mayfair with respect thereto, and agree to indemnify and hold Mayfair Group LLC, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of ClaimEdge Service.

  6. Subject to the requirements of applicable law, unless we have entered into a separate agreement regarding return any of the content to you, we are not obligated to do so.

Payments

Mayfair offers free trials of ClaimEdge for qualifying Claim Organizations and LSPs, however long-term use of ClaimEdge Services requires payment. For those services, users are charged for the specific service, in addition to relevant fees and expenses required by Mayfair or third-parties. Free trials and any charges to users are described in detail during the transaction process and will be set forth in a separate written agreement. Mayfair does not store credit card information on its servers; it merely secures tokens used to charge payments through a third-party service provider.


Limitations on Accuracy; Liability Disclaimer; Indemnification

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MAYFAIR SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.


IN NO EVENT SHALL MAYFAIR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR LOSS OF ANY USER SUBMISSIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAYFAIR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. USER HEREBY RELEASES MAYFAIR FROM ALL RESPONSIBILITY FOR USER COMPLIANCE WITH ALL APPLICABLE STATE AND FEDERAL LAW. USER HEREBY RELEASES MAYFAIR FROM ALL LIABILITY WHATSOEVER FOR DAMAGES OF ANY KIND RESULTING FROM USER NONCOMPLIANCE WITH APPLICABLE STATE AND FEDERAL LAW. MAYFAIR DOES NOT CONDONE THE UPLOADING OF ANY CONTENT THAT VIOLATES ANY APPLICABLE FEDERAL, STATE OR LOCAL LAW.


Other than expressly outlined in this Agreement, Mayfair does not make any specific promises about the Service. Mayfair makes no warranty of any kind, whether express or implied, including merchantability, fitness for particular purpose or otherwise.


You agree to defend, indemnify and hold harmless Mayfair Group LLC, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the ClaimEdge Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the ClaimEdge Service.


Governing Law; Disputes


By using the Services or the Websites, you agree that the Federal Arbitration Act, applicable federal law, and the law of the State of Virginia, without regard to its principles on conflicts of laws, will govern this Agreement, your use of the Websites and the Services, and any dispute of any sort that might arise between you and Mayfair.


If a dispute arises between you and Mayfair, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly. To that end, you agree to first contact Mayfair Customer Support by phone or email via the contact information below to describe the problem and seek a resolution. If that does not resolve the issue, then you and Mayfair agree that any dispute or claim relating to your use of the Services or the Websites will be resolved through binding arbitration, rather than in court, except that you may bring your claim in the General District Court for the City of Norfolk, Virginia if your claim qualifies. In addition, you and Mayfair both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, you and Mayfair each waive any right to a jury trial.


You and Mayfair agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative action. Further, unless both you and Mayfair agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This entire arbitration provision shall survive termination of this Agreement.


To begin an arbitration proceeding, you must send a certified letter requesting arbitration and describing your claim to Mayfair at the address contained herein. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement (collectively, "AAA Rules"). The AAA Rules and costs are available online at www.adr.org or by calling the AAA at 1-800-778-7879.


Complete Agreement


This Agreement, including any terms, conditions and policies expressly referenced herein, together with any legal notices published on the Websites, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by Mayfair.


Contact Us


If you have any questions or comments, please contact us via the following information:


Mayfair Group LLC
Attn: Legal
150 W. Main Street, #1500
Norfolk, VA 23510