Terms of Service

Effective Date June 1, 2023

Please review these Terms of Service, which govern your use of accidentassistpro.com (the “Site”, “we”, “us”, or “our”). Your use of the Site constitutes your agreement to follow and be bound by these Terms of Service. We reserve the right to update or modify this Agreement at any time without prior notice. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION, WAIVER OF JURY TRIAL AND CLASS ACTION. For this reason, we encourage you to review the Agreement whenever you use any of the Sites. If you do not agree to these terms, please do not use the Site.

This site provides internet marketing services for the benefit of third parties only.

Site Modification or Suspension

We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the sites or any service, content, feature or product offered through the Site, with or without notice. You agree that we shall not be liable to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

Privacy

By using the Site you agree to the terms of our Privacy Policy which you can review by clicking here.

Site Contents

Unless otherwise noted, the Site and all materials on the site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress or other intellectual property in such materials (collectively, the “Content”), are owned, controlled or licensed by AccidentAssistPro or its sister companies.

Use of the Site

You may not use or register with the Site if you are under eighteen (18) years of age. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete. By using the Site and/or accessing the services, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth in these Terms of Service. This Site is administered in the United States and intended for U.S. users; any use outside of the U.S. is at your own risk and you are responsible for compliance with any local laws applicable to your use of the Site or access to the Services.

ELECTRONIC COMMUNICATIONS/NOTICES AND INFORMATION DELIVERED ELECTRONICALLY

When you access and provide a submission on this site, use or send email to us; you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to electronically satisfy any legal requirements that such communications be in writing.

Technical Requirements

To access and retain information and notices we send or make available to you electronically, you will need:

• Internet access with 128-bit encryption
• Adobe Acrobat Reader 6 or higher
• Ability to Print Internet Explorer 6 or higher
• Netscape 8.04 and above (Use in IE mode)
• Email Access or Firefox version 1.5

License and Access

Subject to your compliance with these Terms of Service, AccidentAssistPro grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the AccidentAssistPro site and the service provided thereon. This license does not include any resale or commercial use of any AccidentAssistPro service or Content, any collection and use of any class or class provider listings, descriptions, or prices; any downloading or copying of account information for the benefit of another merchant, any derivative use of this site or its Content; or any use of robots, data mining, or similar data gathering and extraction tools. The Site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AccidentAssistPro. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including text, images of page layout, or form) of AccidentAssistPro and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the AccidentAssistPro Name or trademarks without the express written consent of AccidentAssistPro. All right not expressly granted to you in these Terms of Service are reserved and retained AccidentAssistPro or its affiliates, licensors, publishers, rights holders or other content providers. Any unauthorized use of the Site or services provided thereon terminates the permission or license to access and use the site.

Copyright Complaints

If you believe your work has been copied in a way that constitutes copyright infringement, please provide AccidentAssistPro’s copyright agent the written information specified below:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description where the material that you claim is infringing is located on the site;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Intellectual Property

This Site and the Content available on the Site are the property of AccidentAssistPro or its affiliates and licensors, and are protected by copyright, trademark and other intellectual property laws. Subject to these Terms of Service, AccidentAssistPro grants you a non-exclusive non-transferable license to use the Site solely for your personal non-commercial use. You may not use the Site or the Content available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the Content, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, perform, display or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site. You may, however, from time to time, download or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Services

AccidentAssistPro is a marketing lead generator, required to be licensed as a Mortgage Broker. AccidentAssistPro does not take applications, make loans or credit decisions in connection with loans, nor does AccidentAssistPro issue commitments or lock-in agreements. AccidentAssistPro’s services are only administrative. Any loan inquiry you submit is NOT an application for credit, it is an inquiry to be connected to Lenders to receive information regarding loan offers from them. You have not been pre-approved, pre-qualified or any similar concept by submitting an inquiry form to us. You may have to complete an application with a Lender and may require you to pay an application or other fee to cover the costs of an appraisal, credit report or other item, before they will extend an unconditional offer. AccidentAssistPro is not a lender, agent or broker and does not endorse or recommend the products of any particular Lender.

The Websites and the services provided by AccidentAssistPro may only be made available to residents of, or secured by real property located in states where Lenders are licensed or authorized to make such loans. Lenders are not attempting to make loans outside of their authorized states or country by participating in and offering their products on the Websites. AccidentAssistPro Lenders expressly reserve the right to discontinue, suspend or terminate the offering of any loan product in any specific state through the Websites at any time, without prior notice.

Any business that may contact you is solely responsible for its services or products provided to you, and you agree that AccidentAssistPro shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services or products.

Reviews, Comments, Communications and Other Content

In the event that consumers may submit comments; send e-mail communications; and submit suggestions, ideas, comments, questions, or other information to the Site, consumers may do so, so long as the content is not illegal, threatening, defamatory, obscene, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, commercial solicitation, political campaigning, mass mailings, chain letters, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. AccidentAssistPro reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. AccidentAssistPro has the right but not the obligation to oversee and edit or remove any activity or content. AccidentAssistPro claims no responsibility and assumes no liability for any content posted by you or any third party.

Third Party Content and Links to Other Websites

Third parties not affiliated with AccidentAssistPro may offer services or products on this site. We do not warrant or assume any responsibility or liability for the actions, offers or content of third parties who may have advertisements or links on our site. AccidentAssistPro does not endorse, has no control over, and is not responsible in any manner for the terms, conditions, fulfillment or performance of such third parties’ advertisements or offers, the collection of information from you by any such third parties, the use of your information by any such third parties, or the use, operation or availability of websites owned or operated by, or on behalf of, any such third parties. You should carefully review their privacy statements and other conditions of use. You further acknowledge and agree that AccidentAssistPro will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third party content or links, products, goods or services available on or through any such websites

Indemnification

YOU AGREE TO INDEMNIFY AccidentAssistPro, INCLUDING AccidentAssistPro’s PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ADVERTISERS, AND THIRD PARTY SERVICE PROVIDERS (COLLECTIVELY, AccidentAssistPro’S PARTIES’), AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE SERVICE, YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

Release

YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE AccidentAssistPro AND AccidentAssistPro PARTIES AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.

Disclaimer of Warranties and Limitation of Liability

THIS SITE AND ALL CONTENT, INCLUDING THIRD PARTY CONTENT IS PROVIDED BY AccidentAssistPro ON AN “AS IS” AND “AS AVAILABLE” BASIS. AccidentAssistPro AND ANY THIRD PARTY THAT MAKES CONTENT AVAILABLE ON THIS SITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AccidentAssistPro DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AccidentAssistPro OR ITS PARTIES MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (d) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS. AccidentAssistPro DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM AccidentAssistPro ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AccidentAssistPro WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By visiting AccidentAssistPro, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and AccidentAssistPro or its affiliates.

Disputes

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
READ THIS SECTION CAREFULLY: This arbitration provision limits your and the Company’s ability to litigate claims in court and you and the Company each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against us in any state or federal court.

You and we each agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any Product sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims under $1,000.00 in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this "Agreement to Arbitrate").

Arbitration Procedures
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.

The arbitration will be conducted by JAMS under its rules and procedures pertaining to Consumer-Related Disputes, as modified by this Agreement to Arbitrate. The arbitration shall be held in a mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by JAMS rules, unless otherwise stated in this Agreement to Arbitrate. You may obtain these costs through JAMS website.

Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.

Severability
With the exception of "Prohibition of Class and Representative Actions and Non-Individualized Relief", if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in this Agreement is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and any legal disputes section will continue to apply and that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the County of San Diego, state of California. Changes to the Agreement to Arbitrate

Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by this arbitration provision that have arisen or may arise between you and us. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on our Services at least 3 days before the effective date of the changes and/or by email.

THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.

Contact Information

If you have any questions or comments relating to our website, these Terms of Service or our Privacy Policy, please contact us by email at [email protected].
You may also send us your questions or comments by postal mail at:
9921 Carmel Mountain Rd #425
San Diego, CA 92129