Privacy

Introduction

 

Thank you for reviewing Claimzen, Inc.'s ("Claimzen") privacy policy for its Claimzen website(s) located at www.claimzen.com and subdomains thereof (“Site”) and the Claimzen mobile application (“App”) (collectively, the Site and the App are referred to as the “Service”). This Privacy Policy details certain policies implemented throughout Claimzen governing Claimzen's collection and use of personally identifiable information about users of our Service.

 

Privacy Policy Updates

 

Claimzen may need to update this Privacy Policy from time to time. If so, Claimzen will post our updated Privacy Policy on our Site, along with notice that the Privacy Policy has been changed so you are always aware of what personally identifiable information we may collect and how we may use this information. Claimzen may also send users that have provided us with their email address an email notification notifying such users of any changes to the Privacy Policy. Claimzen encourages you to review this Privacy Policy regularly for any changes. Your continued use of the Service and/or continued provision of personally identifiable information to us will be subject to the terms of the then-current Privacy Policy.

 

Information Collection and Use

 

You may generally browse our Site without providing us with any personally identifiable information.

 

To register for an account to use the Service as an attorney user, you will be required to provide us with your username, password, name, company name, company contact/phone information, state bar affiliations, and bar numbers and credit card payment information.

 

An attorney user may invite its plaintiff clients to use the Service and we will receive your name and email address from your attorney. As a plaintiff client user, you will be required to provide your written consent to the attorney to authorize Claimzen to request and store your personal data as a supporting agent of the attorney.

 

Plaintiff client users will be requested to complete a questionnaire on the Service. In the questionnaire, you will be required to enter information about yourself, the incident, the injuries you sustained in the incident, your treatment and the effects of the injuries on your personal and professional life and your medical history. To use the Service, you will set up a username and password. In the questionnaire, we will ask you to provide us with your contact information, social security number, driver’s license or other government identifier, your age, gender, employment, income level, financial information, political affiliation, biometric data, criminal offenses, ethnicity, sexual orientation and membership in a trade union.

 

We also may collect photos, videos and audio files from your attorney that your attorney uploads to the Service.

 

Based on your responses to the questionnaire, Claimzen will request information from other sources such as your health care providers and employers.

 

We also may collect other information about you as a plaintiff that your attorney requests us to collect. On your attorney’s request, we may collect information regarding the other party, witnesses and/or other individuals. We may collect information from the city, state and county agencies for items such as police reports, criminal history checks, driver license status reports, and court case records. We collect information from the IRS, Social Security Administration, LexisNexis, and TLO (a background search company.)

 

If you are a plaintiff client user, your attorney managing your case and any of their supporting staff (such as their associate attorneys, paralegals and the like) to whom they grant access may view your questionnaire responses.

 

If you contact us with questions or to request information, we will collect any additional personally identifiable information that you voluntarily transmit with your communications to us.

 

We use your personally identifiable information to provide the Service to users of our Service and to store and provide this information within the Service for use by the attorney in managing your case. We use your personally identifiable information to verify your authority to use the Service and to provide support, detect fraud, illegal activities or security breaches. We may also use your information to provide information and notices regarding the Service and our other services you may be interested in purchasing and to improve the Service and our services.

 

Children's Privacy

 

Claimzen recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children's online activities and interests. The Service is not directed to children under the age of 13. Claimzen does not target its Service to children under 13. Claimzen does not knowingly collect personally identifiable information from children under the age of 13. If we learn that a child under the age of 13 provided us with personally identifiable information, we will delete that information. If your child has provided personally identifiable information, please contact us so we can delete it. If you are under the age of 13, please do not provide us with any personally identifiable information.

 

Cookies and Tracking

 

We may use small text files called cookies to improve the overall experience in the Service. A cookie is a piece of data stored on the user's hard drive containing information about the user. We may use persistent cookies to remember your login to the Service. You can read more about cookies at www.allaboutcookies.org. If you reject cookies, you may still use our Service, but your ability to use some areas of our Service may be limited.

 

Claimzen tracks users over time but only over our own subdomain websites. We record users’ use of the Service and the pages that they visit. We do not follow browser do not track signals.

 

Aggregate Information

 

We may track information that will be maintained, used, and disclosed in aggregate form only and which will not contain your personally identifiable information. For example, we may collect IP addresses, browser type, and cookie numbers. We may analyze this data for trends and statistics in the aggregate, and we may use such aggregate information to administer the Service, track users' movement, and gather broad demographic information for aggregate use.

 

Disclosure

 

We may provide your personally identifiable information and the data generated by cookies and the aggregate information to the vendors and service agencies that we may engage to assist us in providing our services to you for their use solely to provide us with such assistance. For example, we may need to disclose certain personal information about the plaintiff party in order for us to obtain other information on behalf of our attorney user (such as a background check provider or a medical provider).

 

We will also disclose your personally identifiable information (a) if we are required to do so by law, regulation or other government authority or otherwise in cooperation with an ongoing investigation of a governmental authority, (b) to enforce the Claimzen Terms of Use or user agreements or to protect our rights or (c) to protect the safety of users of our Service and our services. We will not sell your personally identifiable information to any company or organization, but we may transfer your personally identifiable information to a successor entity upon a merger, consolidation or other corporate reorganization in which Claimzen participates or to a purchaser or acquirer of all or substantially all of Claimzen's assets to which the Service relates.

 

California Privacy Rights

 

We do not disclose any personally identifiable information to third parties for their direct marketing purposes. Should this practice change, we will seek your consent before disclosing information for a third party’s direct marketing.

 

Links to Third Party Sites

 

The Service may provide links to other Web sites or resources over which Claimzen does not have control (“External Web Sites”). Such links do not constitute an endorsement by Claimzen of those External Web Sites. You acknowledge that Claimzen is providing these links to you only as a convenience, and further agree that Claimzen is not responsible for the content of such External Web Sites. Your use of External Web Sites is subject to the terms of use and privacy policies located on those linked to External Web Sites.

 

Security

 

We may employ procedural and technological measures, consistent with industry practice, that are reasonably designed to help protect your personally identifiable information from loss, unauthorized access, disclosure, alteration, or destruction. Claimzen may use encryption, secure socket layer, password protection, and other internal measures to help prevent unauthorized access to your personally identifiable information. For example, we restrict which Claimzen employees may access data, we conduct audits of our security, and require subcontractors to take security measures to protect data. We also have internal policies for the safe handling of data.

 

We will store all data on our servers until the earlier of the following: (i) when the attorney user closes their account and requests the information be transferred to them or (ii) when a case has been closed and has been inactive for 12 months. At such time we will endeavor to destroy your information, except for backups that are archived and retained in the ordinary course of business.

 

Attorney users expressly acknowledge and agree that the attorney is responsible for ensuring that it maintains the Attorney-Client Privilege and any Work Product Doctrine protections. While Claimzen endeavors to maintain your clients’ confidences, Claimzen does not represent nor warrant that use of the Service will not constitute waiver of the Attorney-Client Privilege or Work Product Doctrine in your jurisdiction of the jurisdiction of your client’s claim or case.

Please refer to our Security Policy as the complete and accurate security policy of Claimzen.

 

Updating and Deleting Personally Identifiable Information

 

Claimzen provides you with the ability to review, update, and request to delete certain information that you provide to us by logging in to your account or by contacting us at privacy@claimzen.com. Plaintiff users will only be able to correct data in the personal history questionnaire that they submitted.

 

Questions

 

If you have any questions regarding this Privacy Policy please contact us via email at privacy@claimzen.com.

 

Users Outside of the United States

 

Our Service is targeted to users in the U.S. only. Our computer systems and third-party hosting provider systems are currently based in the United States and may be located in other countries, so your personal data will be processed by us in the U.S. and other countries where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you create a user account with the Service as a visitor from outside the United States, by using the Service you agree to this Privacy Policy and you consent to the transfer of all such information to the United States, which may not offer an equivalent level of protection of that required in the European Union or certain other countries, and to the processing of that information as described in this Privacy Policy.

 

License

Introduction

 

Effective as of January 1, 2019

Last modified on December 31, 2018

Claimzen (“Claimzen”, “We” or “Us”) https://www.claimzen.com

Internet Web Site Terms of Service.of: January 1, 2019

 

Terms of Service

 

THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THE SITE(S) ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND CLAIMZEN AND GOVERN YOUR ACCESS TO, AND USE OF, CLAIMZEN WEBSITE(S) LOCATED AT HTTPS://WWW.CLAIMZEN.COM OR OTHER SUBDOMAINS, TOGETHER WITH THE SERVICES AVAILABLE THROUGH THE SITE(S) (COLLECTIVELY, THE “SITE(S)” OR “SERVICES”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE(S) OR ANY INFORMATION CONTAINED ON THE SITE(S). YOUR USE OF THE SITE(S) WILL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. CLAIMZEN MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THE SITE(S) AT ANY TIME. CLAIMZEN CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITE(S) AND BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU WILL CEASE USING THE SITE(S). IF YOU DO NOT CEASE USING THE SITE(S), YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.

 

YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THAT YOU HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO AGREE TO THESE TERMS. IF YOU ARE REGISTERING ON BEHALF OF A COMPANY, OR OTHER LEGAL ENTITY, THEN YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE ALL AUTHORITY NECESSARY TO BIND THE COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS. IN THAT CASE, “YOU” AND “YOUR” WILL REFER TO THAT ORGANIZATION.

 

General Terms

 

When you register on the Site, you are asked to create your own profile. Your profile includes, but is not limited to, personal information such as your user name, your email and general information you wish to disclose about yourself. Upon successful registration, you become a member of the Website (a “Member”), and for as long as you remain a Member, you agree to comply with the then applicable Terms. Members can buy Services. By using the Services, you agree to be bound by these Terms.

 

Certain information, documents, materials and services provided on and through the Website, including content, logos, graphics and images (together, the “Materials”) are made available to you by Claimzen and are the copyrighted and/or trademarked work of Claimzen or Claimzen’s licensors or suppliers. Materials do not include Submissions (as defined below).

 

Fair Credit Reporting Act (“FCRA”) Notice

 

CLAIMZEN IS NOT A CREDIT REPORTING AGENCY ("CRA") FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT ("FCRA"), 15 USC §§ 1681 et seq. THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES ARE NOT CONTAINED IN THESE TERMS. YOU AGREE THAT YOU WILL NOT USE THE SERVICES FOR PURPOSES PROHIBITED BY THE FCRA. SPECIFICALLY, YOU AGREE THAT YOUR USE OF THE SERVICES AND ANY INFORMATION OBTAINED THROUGH THE SERVICES IS NOT TO DETERMINE A PERSON’S SUITABILITY FOR:

 

>  Health insurance or any other insurance;

>  Credit and/or loans;

>  Employment;

>  Education, scholarships or fellowships;

>  Housing or other accommodations;

>  Benefits, privileges or services provided by any business establishment; or

>  Any other product, service or transaction for which a consumer report may be used under the FCRA or any similar state statute including, but not limited to “adverse actions” as defined in the FCRA.

 

Services

 

Claimzen grants you a limited, personal, revocable, non-exclusive and non-transferable license, without the right to sublicense, to access and use the Materials on the Site(s) solely for your personal use, or in the case of a business, for internal business purposes, but not for resale or redistribution. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials or the Website in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms or terminate your subscription to the Website. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site(s) or any Materials. 

 

You acknowledged that the Services provided by Claimzen are dependent in part on services, data, and information provided by third parties. Claimzen has no means to independently verify the accuracy or completeness of such information and will have no liability to you or any third person for any errors, omissions, or other faults in the data of Services provided to you. You acknowledge and agree that all use of the Services is at your own risk.

 

Restrictions

 

Claimzen trusts you to use our services responsibly. You agree not to misuse the Claimzen services. For example, you must not, and must not attempt to, use the services to do the following things: (i) probe, scan, or test the vulnerability of any system or network; (ii) breach or otherwise circumvent any security or authentication measures; (iii) access, tamper with, or use non-public areas of the Service, Claimzen (or our service providers’) computer systems, or any shared areas of the Service you have not been invited to; (iv) interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services; (v) plant malware or otherwise use the Services to distribute malware; (vi) access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”); (vii) send unsolicited communications, promotions or advertisements, or spam; (viii) send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”; (ix) publish anything that is fraudulent, misleading, or infringes another’s rights; (x) promote or advertise products or services other than your own without appropriate authorization; (xi) impersonate or misrepresent your affiliation with any person or entity; (xii) abuse Claimzen referrals to get more credit for referrals than deserved; (xiii) publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred; or (xiv) violate the law in any way, or to violate the privacy of others, or to defame others. You acknowledge that in the event Claimzen, in its sole discretion determines that you or any of your Users violates any of the foregoing provisions, Claimzen may immediately terminate this Agreement and if Claimzen suspects or has reason to suspect that you or any User is involved in any way in activities that violate any local, state, national or international law or regulation Claimzen may disclose such information to authorities that Claimzen in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies or court officials. You hereby acknowledge and agrees that Claimzen is permitted to make such disclosure.

 

Account Security

 

You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Claimzen of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of words or files to Claimzen, it is your responsibility to use a secure encrypted connection to communicate with the Services.

 

Privacy Policy

 

Your use of the Site(s) is governed by the Claimzen Privacy Policy, which can be found at https://www.claimzen.com/privacy (the “Privacy Policy”).

Payment and Electronic Communications

 

You will be responsible for payment of the applicable fee (“License Fee”) at the time you order any Services. All License Fees will be billed to the credit card account you designate during the order process. If you want to designate a different credit card or if there is a change in your credit card account status, you must change your information online at https://www.claimzen.com or send an e-mail to hello@claimzen.com. You must contact Claimzen if you wish to cancel your account.

 

If you place any orders for Service through the Site(s), you are expressly agreeing that Claimzen is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with Claimzen in connection with your use of the Services or Site(s). You agree that the fees will be billed to your credit card account you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable, as applicable. If payment is not received or cannot be charged to your credit card account for any reason in advance of use of the Services, Claimzen reserves the right to either suspend or terminate your account.

 

Claimzen reserves the right, at any time, to change its prices and billing methods for the Services, effective immediately upon posting on the Site(s) or by electronic communications to you.

 

By using the Site(s), you consent to receive electronic communications from Claimzen. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Services. These electronic communications are part of your relationship with Claimzen and you receive them as part of your access to the Site(s). You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

Confidentiality

 

Generally. “Confidential Information” will mean confidential or other non-public proprietary information that is disclosed by either party to the other under this Agreement, including without limitation, software, software code and designs, hardware, product specifications and documentation, financial data, business, marketing, and product plans, or technology, and Customer information. The provisions of this Section will survive any expiration or termination of the Agreement.

 

Obligations of Confidentiality. Each party agrees that it will hold in strict confidence and not disclose the Confidential Information of the other party to any third party and to use the Confidential Information of the other party for no purpose other than the purposes expressly permitted by this Agreement. Each party will only permit access to the other party’s Confidential Information to those of its or its Affiliates’ employees, contractors and advisors having a need to know and who have signed or are bound by confidentiality obligations or agreements containing terms at least as restrictive as those contained in this Agreement. Each party will maintain the confidentiality and prevent accidental or other loss or disclosure of any Confidential Information of the other party with at least the same degree of care as it uses to protect its own Confidential Information, but in no event with less than reasonable care.

 

Exclusions from Obligations. A party’s obligations of confidentiality under this Agreement will not apply to information which such party can document: (i) is in the public domain without the breach of any agreement or fiduciary duty or the violation of any law, (ii) was known to the party prior to the time of disclosure without the breach of any agreement or fiduciary duty or the violation of any law, (iii) is proven by contemporaneous records to be independently developed by the party prior to receiving such Confidential Information and without use or reference to the Confidential Information.

 

Legally Required Disclosure. In the event either party is required to disclose, pursuant to a judicial order, a requirement of a governmental agency or by operation of law, any Confidential Information provided to it by the other party then such party will provide the other party written notice of any such requirement immediately after learning of any such requirement, and take commercially reasonable measures to avoid or limit disclosure under such requirements and to obtain confidential treatment or a protective order and allow the other party to participate in the proceeding. Any disclosure will be the minimum disclosure as recommended by a party’s legal counsel and no disclosure will remove the obligations of confidentiality to any remaining Confidential Information nor permit any other disclosure of the Confidential Information in other circumstances.

 

Injunctive Relief. Each party recognizes and acknowledges that any use or disclosure of the Confidential Information of the other party in a manner inconsistent with the provisions of this Agreement will cause the other party irreparable damage for which remedies at law may be inadequate. Accordingly, the non-breaching party will have the right to seek an immediate injunction in respect of any breach of these confidentiality obligations to obtain such relief. Notwithstanding the foregoing, this paragraph will not in any way limit the remedies in law or equity otherwise available to the non-breaching party.

 

Return of Confidential Information. Upon written request by either party hereto, the other party will promptly return or destroy all documents and other tangible materials representing the requesting party’s Confidential Information and all copies thereof, except for any archived materials that are required to be retained by law or that are not easily retrievable from secured archival systems, or records created in the ordinary course of business that are kept by a party and used only for contract compliance and enforcement purposes subject to continuing confidentiality.

 

Third Party Content and Products

 

Certain information and other content may be the material of third-party licensors and suppliers to Claimzen (including, without limitation, certain third-party logos and trade names (“Third Party Content”)). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.

 

CLAIMZEN DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

Links to Third Party Sites

 

The Site(s) or Services may be linked to other sites that are not Claimzen sites or services. Claimzen is providing these links to you only as a convenience, and Claimzen is not responsible for such linked sites (including, without limitation, the content, products, services or links displayed on such sites).

 

Proprietary Rights

 

Claimzen is a trademark of Claimzen Inc. Other trademarks, names, and logos on the Site(s) are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on the Site(s), including documents, services, site design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of Claimzen, Copyright © 2018 Claimzen Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

 

Feedback

 

If you provide Claimzen with verbal feedback and/or written feedback related to your use of the Site(s) and/or the Services (“Feedback”) including, but not limited to, a report of any errors which you may discover in the Site(s) and/or the Claimzen products, services or related documentation or suggestions for improvements or changes to the Site(s) and/or the Services and/or any other Claimzen products or services, you hereby grant Claimzen a perpetual, irrevocable right to use such Feedback to develop and improve the Site(s) and/or Services and/or any other Claimzen product or service.

 

Submissions

 

You acknowledge that you are responsible for the files, data, information, and other materials that you submit, post or otherwise make available on the Site(s) (each a “Submission”), and that you, and not Claimzen, have full responsibility for each such Submission you make, including its legality, accuracy, appropriateness, privacy and publicity rights, and trademark and copyright ownership. Notwithstanding the foregoing, any postings or submissions that you submit that evaluate or constitute Feedback about the Site(s) and/or the Claimzen products are not Submissions but are Feedback and will be subject to the terms forth in the Feedback Section above. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with the Site(s) is provided on a non-proprietary and non-confidential basis. Please note that, generally, Submissions will be accessible by other authorized users of your account if you are not using the Services as an individual only, provided that you have given such other authorized users access to your account or a particular case. Please be sure that any information you post on any areas of the Site is information that you are comfortable with sharing with others that you have authorized to access that case or area of the Site. Except as expressly set forth below, you agree that Claimzen is free to use a Submission on an unrestricted basis for any purpose and you grant Claimzen a sublicensable, non-exclusive, fully paid and royalty-free, worldwide license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submission. However, under the foregoing license, Claimzen will not have the right to sell ownership rights to your Submission.

 

YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO YOUR SUBMISSIONS.

 

You further agree that you will not upload, post or otherwise make available on the Site(s) any material protected by copyright, trademark, or any other proprietary right or rights of privacy or publicity without the express permission of the owner of such copyright, trademark or other proprietary right or right of publicity or privacy owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make. You represent and warrant that: (a) you own all Submissions posted by you on or through the Site(s) or otherwise have the right to grant the licenses to Claimzen set forth in this section; and (b) the posting of your Submissions on or through the Site(s) do not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through the Site(s).

 

Termination

 

You can stop using our Services anytime. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.

 

Upon termination of an account, Claimzen will hold all Submissions for ninety (90) days, after which Claimzen is no longer responsible for Submissions or any related data and may delete them from its systems. During such ninety-day period, Claimzen will provide you your Submissions in a *.csv file format.

 

Indemnification

 

For purposes of this Section, the following terms shall have the meanings defined herein:

 

“Claims” means all claims, actions, demands, investigations and legal proceedings of any kind made or initiated by any person or entity that is not a party to this Agreement.

 

“Damages” means all liabilities, damages, losses, judgments, authorized settlements, fines, costs and expenses including, without limitation, reasonable legal support costs and expenses and attorneys’ fees.

 

You agree to defend, indemnify, and hold harmless Claimzen and its respective directors, officers, employees, representatives, agents, successors, assigns, customers and distributors from and against any and all Claims and Damages arising out of or in connection with: (i) any Claim arising solely from your use of the Services or any Submissions you make to the Services; (ii) any violation by you of any regulatory statutes, laws, rules, ordinances, or regulations of any government or regulatory agency; or (iii) any breach of the terms of this Agreement.

 

Procedure. Claimzen will: (a) promptly notify you in writing of the Claim for which indemnification is sought; and (b) provide you with all non-monetary assistance, information, and authority reasonably required for the defense and settlement of such Claim. You may select counsel for defense of the Claim reasonably acceptable to Claimzen, and direct the course of any litigation or other disputed proceedings concerning the Claim. Claimzen may select its own counsel and direct its own defense of a Claim if it chooses to do so, and will bear the costs of its own counsel and any activities in any disputed proceeding conducted by counsel of its choosing. You may settle any Claim, to the extent it seeks a money payment, with or without the consent of Claimzen, providing the settlement is a full and complete settlement of all claims against Claimzen. You must obtain Claimzen’s prior written consent to any settlement to the extent it consents to injunctive relief, or requires any admission of fault or any public statement, or contains contract terms governing future activities that would materially affect Claimzen’s business or interests, said consent not to be unreasonably withheld, conditioned, or delayed.

 

Disclaimer of Warranties

 

Your use of the Site(s), Materials and/or the services is at your own risk. The Third Party Content has not been verified or authenticated in whole or in part by Claimzen, and it may include inaccuracies or typographical or other errors. Claimzen does not warrant the accuracy or timeliness of the Materials or the Third Party Content contained on the Site(s). Claimzen has no liability for any errors or omissions in the Materials or the Third Party Content, whether provided by Claimzen or our licensors.

 

CLAIMZEN, FOR ITSELF AND ITS LICENSORS AND SUPPLIERS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE(S), MATERIALS, YOUR SUBMISSIONS OR CLAIMZEN’S HOSTING THEREOF, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE(S) AND/OR THE RESULTS OBTAINED FROM THE USE OF THE SITE(S) OR MATERIALS, INCLUDING WITHOUT LIMITATION THE THIRD PARTY CONTENT OR SUBMISSIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE(S), THE THIRD PARTY CONTENT, THE HOSTING OF YOUR DATA AND/OR ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE(S) IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF ANY KIND INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CLAIMZEN DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

 

Limitation of Liability

 

Disclaimer of Consequential Damages

 

IN NO EVENT WILL CLAIMZEN AND/OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE(S), THE USE OR PERFORMANCE OF THE SITE(S), THE DELAY OR INABILITY TO USE THE SITE(S), OR FOR ANY INFORMATION, THIRD PARTY CONTENT, YOUR APPLICATIONS, SUBMISSIONS OBTAINED THROUGH THE SITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE SITE(S), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLAIMZEN OR ANY OF ITS SUPPLIERS OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

 

Limitation of Liability

 

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE(S), OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE(S). THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS CLAIMZEN’S LIABILITY OR YOUR REMEDIES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL CLAIMZEN’S AND/OR ITS SUPPLIERS OR LICENSORS TOTAL CUMULATIVE LIABILITY TO ANY THIRD PARTY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, OR OTHERWISE) EXCEED THE GREATER OF (A) THE PURCHASE PRICE OF THE SERVICES PURCHASED ON THE SITE(S) IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST CLAIMZEN; OR (B) ONE HUNDRED DOLLARS (USD $100).

 

Allocation of Risk and Material Term

 

THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND ARE AN INTRINSIC PART OF THE BARGAIN BETWEEN THE PARTIES. THE FEES PROVIDED FOR IN THIS AGREEMENT REFLECT THIS ALLOCATION OF RISKS AND THE LIMITATION OF LIABILITY AND SUCH LIMITATION WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Local Laws; Export Control

 

Claimzen controls and operates the Site(s) from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use the Site(s) outside the United States of America, you are responsible for following applicable local laws.

 

Governing Law, Venue, Attorneys’ Fees

 

This Agreement will be governed by and interpreted in accordance with the laws of the State of Washington as applied to agreements entered into and to be performed entirely within the State of Washington between Washington residents, without giving effect to any conflict of law principles that would require the application of the laws of a different jurisdiction. In the event that any dispute between the parties arises out of or is related to any of the provisions of this Agreement, and/or the performance or termination thereof, the prevailing party in any such action will recover all of its costs, including reasonable attorneys’ fees. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. Any claims for emergency or preliminary injunctive relief may be brought in any court of competent jurisdiction. All other disputes, claim, or controversy arising out of or relating to this Agreement, or the interpretation, making, performance, breach or termination thereof, will be subject to the exclusive jurisdiction of the Washington State Courts in King County, or if there is federal jurisdiction, the United States District Court for the Western District of Washington, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts and the parties hereby waive all defenses based upon forum non conveniens, improper venue, or personal jurisdiction.

 

Electronic Communications

 

The information communicated on this Site constitutes an electronic communication. When you communicate with Claimzen through the Site or other forms of electronic media, such as e-mail, you are communicating with Claimzen electronically. You agree that Claimzen, on behalf of itself and others who may be involved with delivering the Services (as applicable), may communicate electronically by e-mail and/or may make communications available to you by posting them on the Site, and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by Claimzen. Notices and communications to Claimzen must be sent to the applicable address given in these Terms or ton hello@claimzen.com.

 

Notice for California Users

 

Under California Civil Code Section 1789. 3, California users of the Site are entitled to the following specific consumer rights notice: The headquarters of Claimzen is currently located at 6302 22nd Ave NE, Seattle WA 98115, phone (800) 930-1225. The charges for the Services are specified on the Site. If you have a complaint regarding the Services or want to request a paper copy of these Terms, please contact Claimzen by writing to the address above, or by e-mail at hello@claimzen.com, or by calling (800) 930-1225. The Consumer Information Center of the Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95384, or by telephone at (916) 445-1254 or (800) 952-5210.

 

Security

Introduction

 

Here at Claimzen, we take security very seriously. The following is an overview of the systems and services we use to make sure the data we store is safe and secure. If you have any questions about our security protocols, please call us at (800) 930-1225 or email us at hello@claimzen.com.

 

Data encryption

 

We are aware of how important it is to protect all data stored in our system, and we go to great lengths to make sure your data is encrypted both during storage and in transmission. All data stored in our servers is encrypted at rest, using state-of-the-art AES-256 encryption. This means your data is never stored as plain text and cannot be freely viewed by Claimzen employees or seen by any nefarious actors. Furthermore, all data transmitted by the Claimzen, Inc. website is encrypted using SSL/TLS encryption, so you can rest assured your data will never be sent over the internet as plain text. 

 

Data access

 

All data is stored on state-of-the-art Amazon Web Services (AWS) servers, which means the physical servers that hold your data are heavily protected. Claimzen also requires all users to set a sufficiently strong password for their account to prevent any brute-force or otherwise unauthorized attempts to log into an account. Each account's data can only be accessed by that user and any staff authorized by that account, meaning your data will never accidentally fall into the wrong hands.

 

Payment data

 

Keeping your payment data private is our first priority. All sensitive card and payment data is handled by our payment partner, Stripe. Our service is entirely PCI compliant and never stores or has access to any raw card data, so there is no risk to your financial information. We never provide access to your data, financial or otherwise, to any third party without your explicit consent.

Have questions?  Call 1-800-930-1225

We are available weekdays from 8 am to 8 pm PST

© Copyright 2020 – Claimzen, Inc.