Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING AND ENTERING DATA THROUGH THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.
This Website is owned and operated by Steve Schmutz and Associates, Inc., d/b/a ClaimCompass (“ClaimCompass”). Throughout the Website, the terms "we," "us" and "our" refer to ClaimCompass. ClaimCompass offers this Website, including all information, tools and services available from this Website, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated herein. Your use of this Website constitutes your agreement to these Terms and Conditions. In addition, prior to user registration and entering claim information through this Website, you will be required to affirmatively accept these Terms and Conditions.
1. Potential Services
Certain features of the Website managed by ClaimCompass will assist users to fill out appropriate forms for commercial insurance claims, such as worker’s compensation, general liability, automobile liability, property, and other commercial claims in order to report, process, and submit the claim. Examples of such worker’s compensation forms that ClaimCompass may choose to offer for processing include the First Report of Injury and OSHA 300/300A logs. The exact services and forms may be offered to you at the time of submitting claim information. Such forms with the appropriate claim information will be provided to the appropriate state, carrier, claimant, and claims management and risk management software systems.
2. Privacy Statement
We are committed to protecting your privacy. In using this Website and our services, ClaimCompass may collect information that is for the use of processing a claim. Such information may include, but is not limited to the following: personal information, such as medical information, employment information of an employee, and other individually identifiable and sensitive information; insurance carrier information; and employer information. Collected information may further include additional claim information related to the facts and circumstances of an incident. In addition, financial information such as credit card, debit card, and bank information may be collected for the purposes of providing payment for the services provided by ClaimCompass. Such information may be stored and accessed by you along with your registered account. Authorized employees within the company on a need to know basis only use any information collected from individual customers.
By submitting claim information, you authorize ClaimCompass to execute the transaction and submit the claim on your behalf using the information provided by you. Therefore, you recognize that information provided on this Website may be provided to third parties as needed to perform the services outlined herein. Information will not be sold to third parties and will not be provided to third parties except for the purposes of submitting the claim.
ClaimCompass may track movements of visitors entering and moving between pages within the Website to gather broad demographic information to aggregate and analyze for our own use. Any individually identifiable information related to this information will never be used in any way different to that stated herein.
You agree to pay ClaimCompass a transaction fee for each claim processed by ClaimCompass. Transaction fees are assessed at the time the claim information is submitted to ClaimCompass. Transaction fees will be charged once per month for all claims processed through your registered account during the previous monthly period. The amount of the transaction fee may be based upon total claims submitted during the month. Transaction fees may change from time to time at the sole discretion of ClaimCompass, with ClaimCompass providing thirty (30) days prior notice of the change via the Website, email, or other appropriate written communication method.
4. Your Conduct on the Website
You acknowledge that you are responsible for any material you may submit via the Website, including the legality, reliability, and appropriateness of any such material. You may not upload to, distribute or otherwise publish through this Website any content that (i) is proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, improper, harassing, harmful, or otherwise inappropriate or objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.
The use of this Website requires registration, and the use of a password. By registering, and in consideration of your use of the Website, you agree to provide true, accurate, current and complete information about yourself and your organization. You also agree that claim information provided to ClaimCompass is truthful and correct, to the best of your knowledge and information available at the time the claim information is submitted. ClaimCompass will assume no liability for any of the accuracy or substance of the claims processed by ClaimCompass. ClaimCompass does not have the ability, nor the responsibility to verify the accuracy or truthfulness of the claim information and will not be liable for any claim processed by ClaimCompass which may be considered untruthful or otherwise inaccurate or invalid.
You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify ClaimCompass immediately. ClaimCompass will assume that any communications ClaimCompass receives under your password have been made by you unless ClaimCompass receives written notice otherwise. In addition, ClaimCompass will not be liable for claims that are submitted by someone who ClaimCompass believes to be authorized to act on your behalf.
5. Intellectual Property Notice
All content on this Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of, and owned by ClaimCompass, its licensors or its content providers, and is protected by copyright, trademark, and other applicable laws. Any unauthorized use of content on the Website, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Website, or use of the Website for purposes competitive to ClaimCompass, is expressly prohibited.
ClaimCompass, or its licensors or content providers, retains full and complete title to the material provided on the Website, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in the sole discretion of ClaimCompass. ClaimCompass neither warrants nor represents that your use of materials on this Website will not infringe rights of third parties not affiliated with ClaimCompass.
6. Additional Restrictions of Use
You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data, confidential or other personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.
You agree to abide by all additional restrictions displayed on the Website as may be updated from time to time.
ClaimCompass reserves the right to refuse or cancel any person's registration for this Website, remove any person from this Website, or prohibit any person from using this Website for violating these Terms and Conditions. In addition, ClaimCompass reserves the right, in its sole discretion, to limit or terminate your access to, or use of the Website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which ClaimCompass may be entitled at law or in equity.
You agree to indemnify, defend and hold harmless ClaimCompass and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Website and any violation of these Terms and Conditions. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. You agree to indemnify, defend and hold ClaimCompass harmless against any and all liability with respect to allegations regarding the truthfulness, validity, and other merits of claims processed by ClaimCompass.
ClaimCompass reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with ClaimCompass in the defense of such matter.
9. Jurisdiction and Applicable Law
The laws of the State of Utah govern these Terms and Conditions and your use of the Website, and you agree that any dispute arising out of or relating to these Terms and Conditions shall be brought solely in an applicable state or federal court in the State of Utah. You further irrevocably submit to the jurisdiction of the courts of the State of Utah, sitting in Salt Lake County, and the courts of the United States for the District of Utah. Each party irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court, any claim that any such suit, action or proceeding brought in such a court has been brought in an inconvenient forum and the right to object, with respect to any such suit, action or proceeding brought in any such court, that such court does not have jurisdiction over such party. In any such suit, action or proceeding, each party waives, to the fullest extent it may effectively do so, personal service of any summons, complaint or other process and agrees that the service thereof may be made by certified or registered mail, addressed to such party at its address as set forth in the preamble hereinabove.
10. Changes to These Terms and Conditions
ClaimCompass reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time, by posting revised terms on the Website. It is your responsibility to check periodically for any changes we make to the Terms and Conditions. Your continued use of the Website after any changes to the Terms and Conditions or other policies means you accept the changes.
11. Entire Agreement and Admissibility
These Terms and Conditions and any policies or operating rules posted on this Website constitute the entire agreement and understanding between you and ClaimCompass with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach.
A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of this agreement is unlawful, invalid, void, or unenforceable, the remainder of the provisions of the Terms and Conditions set forth herein shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
13. DISCLAIMER OF WARRANTIES
THE SOFTWARE, SERVICES AND ANY CONTENT ACCESSIBLE THROUGH THE SOFTWARE OR SERVICES ARE PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLAIMCOMPASS DISCLAIMS ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS OR IMPLIED OR STATUTORY, REGARDING THIS SOFTWARE, SERVICES, CONTENT, AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NONINFRINGEMENT. CLAIMCOMPASS DOES NOT WARRANT ANY SOFTWARE OR SOFTWARE INTERFACE USED IN CONJUNCTION WITH THIS SOFTWARE OR SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, THREAT OF HACKERS, INTERRUPTION OR ERRORS, OR THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS.
14. LIMITATION OF LIABILITY AND DAMAGES
YOU AGREE THAT IN NO EVENT WILL CLAIMCOMPASS BE LIABLE FOR ANY LOSS, COST, LIABILITY OR DAMAGE INCURRED AS A RESULT OF CLIENT’S RECEIPT OF OR PARTICIPATION IN THIRD PARTY SERVICES. THE ENTIRE CUMULATIVE LIABILITY OF CLAIMCOMPASS AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY CLIENT FOR AN AVERAGE OF ONE MONTH’S USE OF THE SOFTWARE AND SERVICES, UNLESS OTHERWISE SEPARATELY AGREED BY CLAIMCOMPASS IN WRITING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLAIMCOMPASS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, THE LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY CLIENT, USE OF THE SOFTWARE WITH HARDWARE OR OTHER SOFTWARE THAT DOES NOT MEET CLAIMCOMPASS’ SYSTEMS REQUIREMENTS OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF CLAIMCOMPASS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CLAIMCOMPASS AND YOU. CLAIMCOMPASS WOULD NOT BE ABLE TO HAVE PROVIDED THIS SOFTWARE OR SERVICES WITHOUT SUCH LIMITATIONS.
FURTHERMORE, CLAIMCOMPASS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER WEBSITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND CLAIMCOMPASS AND ITS AFFILIATES' CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING CLAIMCOMPASS’ RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
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