TERMS AND CONDITIONS

Terms of Service

Last Modified [04/16/2018]

  • 1. INTRODUCTION
    • 1.1. The Claims App, LLC operates a website located at theclaimsapp.com ("Website") and corresponding mobile applications ("Application(s)") that provide an online platform through which, among other things, users can create and annotate photographs of real and personal property ("Annotated Photos") to evaluate insurance claims and coverage ("Service").
  • 2. ACCEPTING THESE TERMS
    • 2.1. Agreement. These Terms of Service ("Agreement") constitute a legally binding agreement between you and The Claims App, LLC ("TCA"). By using the Website, Applications, or Service in any manner, you agree to be bound by the Agreement. If you do not agree to be bound by the Agreement, or any subsequent modification thereto, you must immediately discontinue the use of the Website, Applications, and the Service.
    • 2.2. Changes to Agreement. TCA reserves the right to change the Agreement and the Service at any time, including by adding, removing, or changing terms or features (which may advantage or disadvantage you). TCA will give you reasonable notice of any material changes to the Agreement or the Service.
    • 2.3. Arbitration and Remedies. This Agreement contains a mandatory arbitration of disputes provision that 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. See Section 19 (Dispute Resolution) for full details.
    • 2.4. Separate Privacy Policy. Please be aware that TCA also has a separate privacy policy, which is available at [theclaimsapp.com/privacy.php]. You also agree to be bound by TCA's Privacy Policy ("Privacy Policy"), which is incorporated into this Agreement by reference.
  • 3. ELIGIBILITY TO USE WEBSITE
    • 3.1. You represent that you are at least 18 years old and are legally qualified to enter into contracts. If you are using the Website on behalf of any other person or entity, you represent that you have full legal authority to act on behalf of that other person or entity and to enter into this Agreement on that person or entity's behalf.
  • 4. MEMBERSHIP AND USER ACCOUNTS; CANCELLATION
    • 4.1. Membership and Accounts. To access and use certain parts of the Service, you must register for a membership with the Service ("Membership"). In order to register for a Membership, you must create either a business account ("Business Account(s)") or an authorized user account ("User Account(s)") through the Website. Both Business Accounts and User Accounts may be referred to herein as "Account(s)." Please note that you cannot create a User Account until the holder of a Business Account has authorized you to create a User Account associated with that Business Account. A User Account must be associated with an existing Business Account.
    • 4.2. Account Information Accuracy. In order to create an Account, you will need to provide information that personally identifies you, and in the case of a Business Account, you will also need to provide information that personally identifies the users you have authorized to hold User Accounts associated with your Business Account ("Personal Information"). You represent and warrant that all Personal Information that you provide in connection with your Account and your use of the Service is current, complete, and accurate, and you agree that you will update that Personal Information as necessary to maintain its completeness and accuracy by updating your Account.
    • 4.3. Account Security. You will also be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality and the security of this information, including your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Service. You agree to notify TCA immediately of any unauthorized use of your Account. TCA shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by TCA, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your Account.
    • 4.4. Cancellation of Accounts. The holder of a Business Account can cancel that Business Account and any associated User Accounts at any time. If you cancel a Business Account, all associated User Accounts will also be cancelled at the same time. To cancel your Account send an email to: support@theclaimsapp.com. Following the cancellation of an Account, that Account will continue to have access to the Service through the end of that Account's billing period. The information that TCA retains about an accounting following cancellation is set forth in the Privacy Policy.
  • 5. PAYMENTS AND ACCOUNT RENEWAL
    • 5.1. Automatic Renewal. Regardless of whether you hold a Business Account or a User Account, your Account will continue on a month-to-month basis, and will automatically renew each month unless and until your Account is cancelled. However, and for the sake of clarity, a User Account be automatically cancelled, and will not continue, if its associated Business Account has been cancelled.
    • 5.2. Automatic Monthly Billing. If you hold a Business Account, you authorize TCA to automatically charge your chosen payment provider ("Payment Method") the monthly membership fee disclosed to you on the Website ("Membership Fee") each month and for each User Account associated with your Business Account.
    • 5.3. Stopping Automatic Billing. If you hold a Business Account, TCA will charge your Payment Method the Membership Fee each month and for each User Account until: a) you cancel the Business Account, in which event TCA will stop charging your Payment Method altogether, or b) you cancel a User Account associated with your Business Account, in which event TCA will stop charging your Payment Method for the cancelled User Account, but will continue to charge your Payment Method for any remaining User Accounts associated with your Business Account. You must cancel a User Account before it renews in order to avoid billing of the next month's Membership Fee for that User Account.
    • 5.4. Billing Cycle. TCA will automatically bill your Payment Method each month on the calendar day corresponding to the date you created your Business Account. In the event that your Business Account was created on a day not contained in a given month, TCA will bill your Payment Method on the first earlier business day. TCA reserves the right to change the timing of its billing.
    • 5.5. Authority to Use Payment Method. You represent that you are allowed to make payments using your Payment Method, and you agree to pay the charges disclosed to you through the Service.
    • 5.6. Price Changes. TCA reserves the right to change pricing for the Service in any manner and at any time in its sole and absolute discretion. Any price change will take effect following notice to you.
    • 5.7. No Refunds. In general, TCA does not provide any refunds or credits, and all payments are non-refundable. Notwithstanding the foregoing, TCA may elect to provide a refund or credit in its sole and absolute discretion when TCA determines that the circumstances warrant such a refund or credit. However, the provision of a refund or credit in one instance does not entitle you to any refund or credit in the future and does not obligate TCA to provide any other refund or credit to you in the future or to any other user or for any other Account.
  • 6. USER REPRESENTATIONS
    • 6.1. If you use the Website, Applications, or the Service, you agree, represent, and warrant the following:
      • You will only use the Website, Applications, and the Service for legitimate and intended purposes, namely to create Annotated Photos to evaluate insurance claims and coverage.
      • You will not share access to your User Account with any other person.
      • You will not invade any third person's privacy in using the Website, Applications, or the Service or in creating or using Annotated Photos; in using the Website, Applications, and the Service, you will use diligent and reasonable steps to protect the privacy of third parties.
      • You will comply with all applicable laws and regulations in using the Website, Applications, and the Service and in creating and using Annotated Photos.
      • You will be solely responsible for any claims arising out of your creation or use of Annotated Photos.
      • You will be solely responsible for the storage and maintenance of the Annotated Photos, and you understand that TCA may periodically delete Annotated Photos from its servers, systems, and Applications.
      • You will be solely responsible for the transfer of the Annotated Photos to any other user or to any third party.
  • 7. TCA'S LIMITED ROLE
    • 7.1. TCA's role with respect to the Service is limited. TCA is not involved in the creation of Annotated Photos, and users are solely responsible for the content of Annotated Photos. TCA is not involved in the submission or transfer of Annotated Photos from the Service or from any user to any other user or any third party.
    • 8. TCA's RETENTION AND DELETION OF ANNOTATED PHOTOS
      • 8.1. TCA does not guarantee that it will save or retain your Annotated Photos on its servers or systems or within the Applications. As a matter of standard practice, TCA will automatically delete Annotated Photos from its servers, systems, and Applications one year after the Annotated Photos are created.
    • 9. LICENSE
      • 9.1. Subject to your compliance with this Agreement, TCA grants you a non-exclusive, non-sub-licensable, revocable as stated in this Agreement, non-transferable license to access the Website and Applications and to use the Service. No part of the Service, including the Website and the Applications, may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without TCA's prior express written consent. All rights not expressly granted in this Agreement are reserved by TCA. Without limitation, this Agreement grants you no rights to TCA's intellectual property or those of any other party, except as expressly stated in this Agreement.
      • 9.2. By using the Service to create Annotated Photos, you grant TCA a perpetual, non-exclusive, fully paid-up, worldwide right and license to display, reproduce, store, play, adapt, and/or prepare derivative works of your Annotated Photos, or any portion or component thereof, in any medium now known or hereafter created for the purpose of effecting the Service.
      • 10. NO RELIANCE ON THIRD-PARTY CONTENT
        • 10.1. Opinions, advice, statements, or other information made available on the Website and Applications or through the Service, in an Annotated Photo or otherwise, by other users or third parties, are those of their respective authors and should not necessarily be relied upon. Solely those authors are responsible for their respective content. TCA does not (a) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Website, Applications, or the Service; or (b) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Website, Applications, or the Service. Under no circumstances will TCA be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website, Applications, or through the Service that is transmitted to or by any third party.
        • 11. THIRD-PARTY WEBSITES
          • 11.1. The Website may be linked with the websites of third parties ("Third-Party Websites"), some of which may have established relationships with TCA and some of which may not. TCA does not have control over the content and performance of Third-Party Websites. TCA has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third-Party Websites. Accordingly, TCA does not represent, warrant, or endorse any Third-Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third-Party Websites. TCA disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third-Party Websites.
        • 12. OBJECTIONABLE AND UNSUITABLE CONTENT
          • 12.1. Objectionable Content. You agree that you shall not use the Website, Applications, or the Service to upload, post, transmit, display, perform, or distribute any Annotated Photos, or other content, information, or materials that: (a) are libelous, defamatory, abusive, threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child pornography; (c) solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18; (d) incite, encourage, or threaten physical harm against another; (e) promote or glorify racial intolerance, use hateful and/or racist terms, or signify hate toward any person or group of people; (f) glamorize the use of illegal substances and/or drugs; (g) violate any provision of this Agreement or TCA's Privacy Policy; (h) disclose another's personal, confidential, or proprietary information; (i) are false or fraudulent; (j) contains images or videos of individuals captured or posted without their consent; or (k) are generally offensive, rude, mean-spirited, or in bad taste, as determined by TCA in its sole discretion (collectively, "Objectionable Content"). TCA, in its sole discretion, may delete any Objectionable Content from its servers. TCA intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
        • 13. PROHIBITED USES
          • 13.1. TCA imposes certain restrictions on your use of the Website, Applications, and the Service. The following acts are expressly prohibited:
            • Contacting any person through the Service who has requested not to be contacted;
            • Providing false, misleading, or inaccurate information to TCA or to any other person in connection with the Website, Applications, or the Service;
            • Impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity;
            • Harvesting or otherwise collecting information about users of the Service, including email addresses and phone numbers;
            • Without express written permission from TCA, using or attempting to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website, Applications, or the Service for any use;
            • Accessing content or data not intended for you, or logging into a TCA server or Account that you are not authorized to access;
            • Attempting to probe, scan, or test the vulnerability of the Website, Applications, or the Service, or any associated system or network, or breaching security or authentication measures without proper authorization;
            • Interfering or attempting to interfere with the use of the Website, Applications, or the Service by any other user, computer, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities;
            • Using the Website, Applications, or the Service to send unsolicited email including, without limitation, promotions or advertisements for products or services;
            • Forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website, the Applications, or the Service (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); and
            • Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Website, Applications, or the Service, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Website and Service to determine and/or audit advertising revenues and payments, if applicable.
        • 14. INTELLECTUAL PROPERTY
          • 14.1. Compliance with Law. You represent and warrant that, when using the Website, Applications, and the Service, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Website, Applications, and the Service is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
          • 14.2. Trademarks. TCA and the TCA logo (collectively, the "TCA Marks") are trademarks of TCA. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Website, Applications, and the Service may be the trademarks of third parties. Neither your use of the Website, Applications, or the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the TCA Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the TCA Marks generated as a result of your use of the Website, Applications, or the Service will inure to the benefit of TCA, and you agree to assign, and do assign, all such goodwill to TCA. You shall not at any time, nor shall you assist others to, challenge TCA's right, title, or interest in, or the validity of, the TCA Marks.
          • 14.3. Copyrighted Materials; Copyright Notice. Except as noted in this Section, all content and other materials available on the Website and the Applications are either owned by TCA or are the property of its licensors and suppliers. Except as explicitly provided, neither your use of the Website, Applications, or the Service nor this Agreement grant you any right, title, or interest in any such materials.
          • 14.4. DMCA Policy. As TCA asks others to respect its intellectual property rights, TCA respects the intellectual property rights of others. TCA follows the notice and takedown procedures in the Digital Millennium Copyright Act, 17 U.S.C. Section 512, et seq. ("DMCA"). Infringement Notices should be sent to support@theclaimsapp.com with the subject line "DMCA Notice: (The Claims APP LLC)." TCA will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.
        • 15. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS
          • 15.1. Consent to Receive Electronic Communications From TCA. You expressly consent to receive electronic and other communications from TCA, over the short term and periodically, including email communications. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by sending an email to support@theclaimsapp.com. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.
        • 16. ASSUMPTION OF RISK
          • 16.1. You knowingly and freely assume all risk when using the Website, Applications, and the Service. You, on behalf of yourself, any entity you represent, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify TCA and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, "Company Parties") from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Website, Applications, or the Service.
        • 17. DISCLAIMERS; LIMITATION OF LIABILITY
          • 17.1. No Warranties. TCA, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Website, Applications, the Service, and any Annotated Photos, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither TCA nor its licensors or suppliers warrants that the Website, Applications, Service, or any Annotated Photos will meet your requirements, or that the operation of the Website, Applications, or the Service will be uninterrupted or error-free. TCA disclaims all implied liability for damages arising out of the furnishing of the Website and the Service pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to the furnish the Website and the Service, whether caused by acts of commission or omission, or any other damage occurring. TCA shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of TCA, Company Parties, or their agents or representatives.
          • 17.2. Your Responsibility for Loss or Damage; Backup of Data. You agree that your use of the Website, Applications, and the Service is at your sole risk. You will not hold TCA or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Website, Applications, or the Service, including without limitation any deletion of Annotated Photos and any loss or damage to any of your computers and mobile devices. The Website, the Applications, and the Service may contain bugs, errors, problems, or other limitations. Importantly, you acknowledge that a catastrophic disk failure or other similar event could result in the loss of all of the data related to your Account, including Annotated Photos. You agree and understand that it is your responsibility to back up your data, including your Annotated Photos, to your personal computer or external storage device and to ensure such backups are secure.
          • 17.3. Limitation of Liability. In no event shall TCA or its licensors or suppliers be liable to you for any claims arising from your use of the Website, Applications, or the Service, or from any Annotated Photos, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to TCA or its licensors and suppliers arising out of or in connection with your use of the Website, Applications, or the Service. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between TCA and you. The Website, Applications, and the Service would not be provided without such limitations.
          • 17.4. Application of Disclaimers. The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and TCA or between you and any of TCA's licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. TCA's licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Website or the Service or otherwise, shall alter any of the disclaimers or limitations stated in this Section.
        • 18. INDEMNITY BY YOU
          • 18.1. You (the "Indemnitor") agree to defend, indemnify, and hold harmless TCA and the Company Parties (collectively, the "Indemnitees") from and against any and all Claims (as defined in Section 19 (Dispute Resolution)), including but not limited to payment of legal costs and fees, and providing sole and exclusive control of the defense of any action to TCA, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and TCA, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Website, Applications, or the Service; (iv) your creation of or provision to TCA or to any of the Indemnitees of Annotated Photos or other content, information, or data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (vi) your invasion or alleged invasion of privacy of any third party arising from your use of the Website, Applications, or the Service or your from your creation of Annotated Photos; or (vii) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
          • 18.2. The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.
        • 19. DISPUTE RESOLUTION
          • 19.1. Additional Definitions for Dispute Resolution.
            • 19.1.1. "AAA" means the American Arbitration Association.
            • 19.1.2. "Claim" means any claim, action, demand, cause of action, and/or other proceeding arising out of or relating to: (i) the relationship between you and TCA, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Website, Applications, or the Service; (iv) your creation of or provision to TCA or to any of the Indemnitees of Annotated Photos or other content, information, or data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (vi) your invasion or alleged invasion of privacy of any third party arising from your use of the Website, Applications, or the Service or your from your creation of Annotated Photos; or (vii) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
            • 19.1.3. "Court of Competent Jurisdiction" means any federal or state court that has jurisdiction over the subject matter, and that is located in the State of Michigan.
            • 19.1.4. "Lawsuit" means a legal proceeding against a party related to this Agreement.
          • 19.2. Binding Arbitration. Any Claim shall be settled by arbitration administered by the AAA in accordance with its Commercial Arbitration Rules, which are available at the AAA website, https://www.adr.org/aaa/faces/rules, or by calling the AAA at 1-800-778-7879. Judgment on the arbitrator's award may be entered in any Court of Competent Jurisdiction. Claims shall be heard by a single arbitrator. The place of arbitration shall be Michigan. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in-person hearings. The prevailing party shall be entitled to an award of reasonable attorney's fees. The award of the arbitrator shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties. Your rights will be determined by a neutral arbitrator, and not by a judge or jury, and the arbitrator shall determine all issues regarding the arbitrability of the Claims. The one exception to this exclusivity of arbitration is that you have the right to bring an individual Claim against TCA in a small claims Court of Competent Jurisdiction. All legal proceedings, whether in arbitration or small claims court, shall be governed by the laws of Michigan. You are responsible for paying your portion of the fees set forth in the AAA's fee schedule for any arbitration, and TCA will pay all remaining fees; however, if your Claim is for less than $1,000, TCA will pay all fees. If you believe that you cannot afford the AAA's fee, you may apply to the AAA for a fee waiver.
          • 19.3. No Joinder of Claims. You and TCA agree that any arbitration (or small claims action) shall be limited to each Claim, individually. YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any Claims between you and TCA (except for matters that may be taken to small claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. You and TCA agree that each may bring Claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If this specific provision is found to be unenforceable by a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party. Any election to arbitrate by one party shall be final and binding on the other. No arbitration shall be joined with any other arbitration. There is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures. There is no right of authority for any Claim to be brought in a purported representative capacity on behalf of either the general public or any other individuals.
          • 19.4. Judicial Remedies in Aid of Arbitration or Equitable Relief. As an exception to Section 19.2 (Binding Arbitration), any party may seek, in a Court of Competent Jurisdiction, provisional remedies in aid of arbitration (including orders to stay a court action, to compel arbitration, or to confirm an arbitral award) or equitable relief (including a temporary restraining order, preliminary injunction, or other interim or conservatory relief).
        • 20. TERMINATION
          • 20.1. By TCA. Without limiting any other provision of this Agreement, TCA reserves the right to, in its sole discretion and without notice or liability, terminate this Agreement and deny use of the Website, Applications, or the Service to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation.
          • 20.2. By You. You may terminate this Agreement and your rights under it at any time, for any or no reason at all, by cancelling your Account in the manner described in Section 4.4 and ceasing to use the Website, Applications, and the Service.
          • 20.3. Effect of Termination. Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Website, Applications, or the Service.
          • 20.4. Survival. Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of this Agreement: Section 2 (Accepting These Terms); 4.4 (Cancellation of Accounts); 5 (Payments and Account Renewal); 6 (User Representations); 7 (TCA's Limited Role), 8 (TCA's Retention and Deletion of Annotated Photos, 9.2 (License); 10 (No Reliance on Third-Party Content); 11 (Third-Party Websites); 14 (Intellectual Property); 15 (Consent to Receive Electronic Communications); 16 (Assumption of Risk); 17 (Disclaimers; Limitation of Liability); 18 (Indemnity by You); 19 (Dispute Resolution); 20 (Termination); 21 (Notices); and 22 (General).
        • 21. NOTICES
          • 21.1. All notices required or permitted to be given under this Agreement must be in writing.
          • 21.2. TCA shall give any notice by email sent to the most recent email address provided for your Account. You agree that any notice received from TCA electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address as identified in your Account is accurate and current. Notice to you shall be deemed effective upon the sending by TCA of an email to that address.
          • 21.3. You shall give any notice to TCA by email to support@theclaimsapp.com.
        • 22. GENERAL
          • 22.1. Entire Agreement. This Agreement constitutes the entire agreement between TCA and you concerning your use of the Website and the Service.
          • 22.2. Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, that decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.
          • 22.3. Amendments. This Agreement may be modified only by a written amendment signed by an authorized executive of TCA or by the unilateral amendment of this Agreement by TCA, along with the posting by TCA of that amended version.
          • 22.4. No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
          • 22.5. Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of TCA. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
          • 22.6. No Agency. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement between you and TCA.
          • 22.7. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement, except as expressly identified herein.
          • 22.8. Interpretation. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
          • 22.9. Headings. The headings in this Agreement are for convenience only and shall have no legal or contractual effect.