YOUR AGREEMENT TO THESE TERMS OF USE

These Terms of Use constitute a legally binding agreement made between you, whether individually or collectively with any entity or person whom you represent or on whose on behalf you are acting (collectively, “you”), and ARC Claims Management, Inc., and its parents, subsidiaries and affiliates, including Loftus Adjustment Service, Inc., ARC Claims UK, Ltd., and ARC Risk Australia Pty Ltd. (collectively, “ARC,” “we,” “our,” or “us”) in connection with your access to and use of the website https://arcclaims.com and our claims portals, our mobile application(s) (“App”), and in connection with any form of media employ our claims management and handling services (“Services”). Our website, portals, online claims form, and App are collectively referred to herein as our “Site.” Please note:

•  Our privacy notices identify data rights, and the personal information we collect, how we use it, share it, protect it. The privacy notice for ARC Claims Management, Inc., and its parents, subsidiaries and affiliates, including Loftus Adjustment Service, Inc. and ARC Risk Australia Pty Ltd. may be found here.
•  The privacy notice for ARC Claims UK Ltd may be found here.

You agree that by accessing and/or using our Site, you have read, understood, and agreed to be bound by all of these Terms of Use. Please note that the Dispute Resolution section below has a binding arbitration clause and class action waiver. It affects your right on how to resolve disputes. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

MODIFICATION

These Terms of Use may be modified by or subject to specific written agreements we have entered into with you. When applicable, and where provided, those agreements govern. We reserve the right, in our sole discretion, to change or modify these Terms of Use at any time and for any reason. We reserve the right to modify or discontinue all or part of the Site without notice at any time. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated in these Terms of Use.

While we will alert you about changes made by updating the “Last updated” date above, by using the Site, you expressly and affirmatively waive any right to receive specific notice of each such change. You agree that it is your responsibility to periodically review these Terms of Use to stay informed of any updates and the obligations and requirements expected of you. You will be subject to, and will be deemed to have been made aware of any changes, and to have accepted those changes, in any revised Terms of Use by your use of the Site after the date such revised Terms of Use are posted. There may be information on the Site that contains errors, inaccuracies or omissions, including descriptions. We reserve the right to correct any typographical errors, scrivener errors, inaccuracies, or omissions at any time without prior notice.

ACCESS

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from locations outside the United States do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

We cannot guarantee the Site will be available at all times. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site, or to supply any corrections, updates, or releases in connection the Site. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.

You must be at least eighteen (18) years of age to use the Site.

INTELLECTUAL PROPERTY RIGHTS

Site Content and Marks

Unless otherwise indicated explicitly under separate written agreement, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, “Content”), including all trademarks, service marks, and logos contained therein (“Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided “AS IS” for your information and personal use only. .

Provided that you are eligible to use the Site per these Terms of Use, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, Content, and/or Marks. Except as expressly provided in these Terms of Use, no Content, Marks, or any part of the Site may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our prior express written permission.

Submissions

The Site may request you to submit or post information in connection with any claim in which you are involved, including texts, writings, video, audio, recordings, photographs, graphics, comments, descriptions, suggestions, or personal information or other material (collectively, "Submissions"). Any Submission you transmit may be treated as non-proprietary. Further, when making a Submission, you grant, and you represent and warrant that you have the right to grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, publish, disseminate, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Submissions (including, without limitation, your image and voice) for the purpose of rendering our Services.

You waive all moral rights in your Submissions, and you warrant that moral rights have not otherwise been asserted in your Submissions. We are not liable for any statements or representations in your Submissions provided by you in any area on the Site. You are solely responsible for your Submissions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Submissions.

Suggestions and Feedback

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the operation, efficiency, or delivery of our Site ("Suggestions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Suggestions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Suggestions, and you hereby warrant that such Suggestions are original with you or that you have the right to submit them. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Suggestions.

REPRESENTATIONS MADE BY YOU

By using the Site, you represent and warrant that:

• You are not under the age of 18, you have the legal capacity to enter into these Terms of Use and use our Services, and that that you agree to comply with these Terms of Use;
• Any and all information submitted by you is true, accurate, current, and complete, and that you will maintain the accuracy of such information and promptly update any such information as necessary;
• You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
• You will not use the Site for any illegal or unauthorized purpose, or to violate any applicable laws; and
• You will not use the Site for any commercial purpose or any other purpose other than to engage and employ our Services.

If you provide any information that is untrue, inaccurate, or misleadingly incomplete, we have the right to suspend or terminate your access or ability to use our Site, and to refuse any and all current or future use of the Site (or any portion thereof) and/or our Services. We also reserve the right to refer any such matter to law enforcement, if applicable, to protect our rights and the rights of others.

If you register an account with the Site, you agree to keep your password secure and confidential, and you agree you are responsible for all use of your account and password. You agree not to share your password or account with others. You are responsible for the security of your password. If you believe that your password has been compromised, you agree to notify us immediately. We reserve the right to remove, suspend, or terminate your account if you share it, your user name, or your password. We reserve the right to remove, reclaim, reject, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, unavailable, or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. In addition to your representations and warranties above, when you use the Site, you expressly and affirmatively agree not to:

• Violate any applicable law, regulation, or rule, or any privacy or publicity right of any third party;
• Circumvent, disable, or otherwise interfere with the Site’s security-related features, including features to prevent or restrict access to the Site or any portion of the Site;
• Trick, defraud, or mislead us or others, including in any attempt to learn sensitive account information like a user’s password;
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation any form of “spyware” or “passive collection mechanisms” or “pcms”;
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
• Retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. This prohibition includes, except as may be the result of use of standard search engines or browsers the use, launch, or distribution of any spider, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site, or delete the copyright or other proprietary rights notice from any Content;
• Copy or adapt the Site’s software;
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise; and
• Use any information obtained from the Site to harass, annoy, intimidate, abuse, or harm another person, and/or to disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION HEREIN, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TERMINATE OR TO DENY ACCESS TO AND USE OF OUR SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED HEREIN OR FOR VIOLATION OF ANY APPLICABLE LAW.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

SITE MANAGEMENT

We reserve the right, but not the obligation, to in our sole discretion and without imitation: (1) monitor the Site for violations of these Terms of Use; (2) take any legal action we deem appropriate against anyone who, in our sole discretion, violates any law or these Terms of Use, including without limitation, reporting such violation to law enforcement authorities; (3) refuse, restrict access to, limit the availability of, or disable (to the extent reasonably feasible) any of your Submissions or portions thereof; (4) without notice or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and/or (5) otherwise manage the Site in a manner designed to protect our rights and property, the rights and property of others, and/or to facilitate the proper functioning of the Site.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any right or requirement under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1.00 USD. 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) your breach of these Terms of Use; (3) any breach of your representations and warranties set forth herein; (4) your violation of the rights of a third party, including but not limited to intellectual property rights and privacy rights; (5) any overt harmful act toward any other user of the Site with whom you connected via the Site; and (6) your Submissions or Suggestions. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflicts of law principles or international conventions.

DISPUTE RESOLUTION

Binding Arbitration and Class Action Waiver

We hope that we never have a dispute. However, if we do, in order to expedite any such dispute’s resolution and control the cost, we agree first to attempt to negotiate any dispute (except for “Excepted Disputes” expressly provided below) informally for at least sixty (60) days. If we cannot resolve our Dispute, except as provided below, we agree to binding arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not before a court, judge or jury. The arbitrator’s decision will be final except for a limited right of appeal under the FAA. Any such appeal must be made before the state or federal courts of Camden County, New Jersey. Class action lawsuits, class-wide arbitrations, private attorney general actions, and any other proceeding where someone acts on a representative capacity are not allowed. Nor is it allowed to combine the proceedings of two or more individuals without prior consent of all parties.

The term “Dispute” shall be broadly construed to mean any claim or controversy between you and us relating to, arising out of, directly or indirectly, in connection with, or concerning our Services, our Site, our Privacy Notice, and/or these Terms of Use under any theory of recovery including contract, tort, warranty, statute, regulation, or common or civil law.

Excepted Disputes. Disputes involving or concerning (a) the enforcement, validity, or protection of our intellectual property, (b) relating to or arising from allegations of theft, piracy, plagiarism, or unauthorized use of the Site against you; and/or (c) any claim for injunctive relief are not subject to the binding arbitration hereunder. Such Disputes, however, remain subject to the above class action waiver.

Small Claims Court. Subject to applicable jurisdictional requirements, either party may elect to pursue a Dispute in a local small-claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis under the above class action waiver.

Notice of Dispute. If you have a Dispute with us, you may send us a Notice of Dispute to ARC Claims Management, Inc., ATTENTION: DISPUTE RESOLUTION, 535 Route 38, Suite 300, Cherry Hill, NJ 08002. Please provide us with your name, how to contact you, what your concern is, and how you would like your concern resolved. After 60 days, you or we may commence an arbitration is the Dispute is not resolved.

Arbitration Procedure. AAA shall conduct the arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") in effect upon first notice of a Dispute and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow New Jersey law. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New Jersey, U.S.A. The parties may litigate in a court of competent jurisdiction to compel arbitration, stay proceedings pending arbitration, or to enforce an arbitration award.

Limited Time to Commence a Dispute. In no event shall any Dispute brought hereunder by either party be commenced more than one (1) year after the cause of action arose.

Forum Selection Clause. If these provisions are found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of the provision found to be illegal or unenforceable, and such Dispute shall be decided solely and exclusively by the state or federal courts located in Camden County, New Jersey. Any appeal of an arbitration permitted under the FAA will be made solely and exclusively by the state or federal courts located in Camden County, New Jersey. The Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in Camden County, New Jersey state or federal courts. You agree that application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

CALIFORNIA RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Postal Mail: ARC Claims Management, Inc., 535 Route 38, Suite 300, Cherry Hill, NJ 08002

Email: privacy@arcclaims.com