The American Association of Independent Claims Professionals (“AAICP”, “we”, “us”, or “our”) respects the privacy of our users and visitors to our website (the “Site”), and is committed to protecting the privacy of the Personal Information (defined below) that you share with us. This Policy outlines the type of Personal Information that we collect from you or that you may provide to us when you contact us or visit or use the Site, and how we use, disclose and protect such information.
This Policy applies to information we collect through the Site and through email or other electronic messages between you and us. It does not apply to information collected by us offline or through other means, or to information collected by any third party (including through advertising or other content that may be linked to or accessible from the Site).
“Personal Information” means any information that, by itself or in combination with other information, identifies or can reasonably be used to identify an individual (the “Identifiable Person”) , such as name, email address, telephone number, address, or birth date. Personal Information does not include information that is anonymized, or publicly-available information that has not been combined with nonpublic Personal Information.
“Sensitive Personal Information” is data that pertains to medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sexual orientation, or any other data that is identified as “sensitive” by the Identifiable Person.
The Site is not intended for children under 13 years of age. No one under age 13 may provide any information to us through the Site. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not access, use, or provide any information on this Site or on or through any of its features. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us by sending us an email at firstname.lastname@example.org or writing us at Privacy, 14001-C St. Germain Drive, Suite 453, Centreville, VA 20121.
AAICP collects information directly from you when you provide it to us.
We also automatically collect information about your use of the Site, including the equipment and software you use to access the Site, information about your internet connection, your IP address, and information collected through cookies, pixel tags, or other similar tracking technologies.
We also collect any of the above information from third parties, including from our service providers.
When you supply information to us through the Site, we will use it for the following purposes:
At any time, however, you may opt out of any future contact by sending us an email at email@example.com or writing us at Privacy, 14001-C St. Germain Drive, Suite 453, Centreville, VA 20121.
At times we may retain third parties to process or analyze data we collect on our Site, including Personal Information. In addition, if you request a service from us, we may share Personal Information with third parties to allow us to provide such service. We do not authorize these third parties to use your Personal Information in any other way.
We may also collect information through the use of pixel tags (also called clear gifs) that may be shared with third parties which directly support AAICP’s activities and Site development. For example, Site usage information about visitors to our Site may be shared with our third-party advertising agency in order to better target Internet banner advertisements on our Site. The information collected through the use of these pixel tags is not Personal Information, although it could be linked to an individual’s Personal Information.
We may supplement the Personal Information that you provide us with other information we hold or that we receive from third parties. We may do this for marketing purposes in order to provide more targeted services to meet our users’ and Site visitors’ needs. We may also disclose your information in the following ways:
California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us an email at firstname.lastname@example.org or write us at Privacy, 14001-C St. Germain Drive, Suite 453, Centreville, VA 20121.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
AAICP allows you to make certain choices regarding how we collect, use and disclose your information.
Do-Not-Track Signals. Your browser may allow you to send “do-not-track” signals to websites you visit. Our Site does not respond to do-not-track signals.
Disclosure to Third Parties. If you do not want your Personal Information disclosed to unaffiliated third parties that are not acting as our agent, you may opt out by sending us an email at email@example.com or writing us at Privacy, 14001-C St. Germain Drive, Suite 453, Centreville, VA 20121.
We do not control third parties’ collection, use, or disclosure of your information, including by third parties whose websites or materials may be linked to or accessible from our Site. Please contact those third parties directly if you have questions or concerns regarding their collection, use, or disclosure of information.
AAICP will provide you with reasonable access to your Personal Information, and will undertake reasonable steps to effect any correction or amendment of Personal Information that you demonstrate to be incorrect or incomplete. You may also send us an email at firstname.lastname@example.org or write us at Privacy, 14001-C St. Germain Drive, Suite 453, Centreville, VA 20121 to request access to, correct, or delete any Personal Information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
We encourage individuals covered by this Policy to raise any concerns that they have about the way that we collect, use, or disclose their information by sending us an email at email@example.com or writing us at Privacy, 14001-C St. Germain Drive, Suite 453, Centreville, VA 20121, and we will do our best to resolve them. AAICP will investigate your concerns and respond to your correspondence within a reasonable period of time.
AAICP will take reasonable precautions to keep your Personal Information secure.
The safety and security of your information also depends on you. You are responsible for keeping any passwords or other access credentials confidential. We ask that you do not sure your credentials with anyone.
Unfortunately, no information transmitted through the internet can be completely secure. We cannot guarantee the security of any information you transmit to us, including Personal Information. Any transmission of information to us is at your own risk. We are not responsible for anyone’s circumvention of our security or privacy measures.
This Policy may be amended from time to time, consistent with any material changes in our privacy practices and with the requirements of applicable law. When we do amend this Policy, we will also revise the “last updated” date at the top of this Policy. You are responsible for periodically visiting our Site and this Policy to check for any changes.
Please read these Terms carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site.
AAICP may revise these Terms from time to time in its sole discretion. If AAICP revises these Terms, AAICP will post such revised Terms to the Site, and such revised Terms shall be effective immediately upon such posting. By accessing or using the Site after AAICP posts such revised Terms, you agree to be bound by such revised Terms.
The Site is available to users who are 13 years of age or older. By accessing or using the Site, you represent and warrant that you are 13 years of age or older.
You may use the Site for personal, non-commercial use only.
The Site is available for use only by persons located in the United States. AAICP makes no claims that the Site or any of the Content (as described below) are accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own risk and are responsible for compliance with applicable laws.
AAICP may terminate or suspend your access to or use of all or part of the Site at any time, for any or no reason, including, without limitation, for any violation of these Terms.
Subject to the terms and conditions of these Terms, you may access and use the Site for your personal, noncommercial use.
AAICP reserves the right to withdraw or amend the Site or any portion thereof, in its sole discretion without notice. AAICP shall not be liable if for any reason all or any portion of the Site is unavailable at any time or for any period. From time to time, AAICP may restrict access to some or all of the Site.
To access the Site, you may be asked to provide certain registration details or other information. It is a condition of your access to or use of the Site that all information you provide to AAICP is correct, current, and complete.
If you choose, or are provided with, a user name, password, or any login or access credentials (your “Credentials”), you must treat such information as confidential, and you must not disclose your Credentials to any other individual or entity. You acknowledge that your account is personal to you and agree not to provide your Credentials to any other person. You agree to notify AAICP immediately of any unauthorized use of your Credentials or any other breach of security. You agree to ensure that you exit from your account at the end of each session.
Except as otherwise expressly stated, all content, features, and functionality included in or accessible through the Site (including, without limitation, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, the “Content”) is owned by AAICP, its licensors, or other third-party content providers, and such Content is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights not expressly granted in these Terms are expressly reserved.
“AAICP”, AAICP’s logos, and all related names, logos, product and service names, designs, and slogans are registered or unregistered trademarks of AAICP or its affiliates or licensors. You may not use any of the foregoing without AAICP’s prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, publicly display, publicly perform, reproduce, reuse, post, republish, license, frame, download, store for subsequent use, create derivative works of, transfer, or sell any of the Content, in whole or in part, without AAICP’s prior written authorization. Any unauthorized use of the Content is a breach of these Terms and may violate United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. If you use any of the Content without authorization, or beyond the scope of your authorization, your right to access and use the Site shall immediately terminate.
If you use features on the Site that allow you to post, submit, publish, display, or transmit to AAICP, other users, or third parties any content or materials (collectively, “User Contributions”) on or through the Site, you hereby grant AAICP, its affiliates, its licensors, its service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (the “AAICP Related Parties”) a perpetual, worldwide, transferable, sublicenseable, fully-paid up, royalty-free license to use, copy, reproduce, modify, publicly perform, publicly display, distribute, create derivative works of, and otherwise disclose to third parties User Contributions for any purpose.
You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above.
You represent, warrant, and covenant that your User Contributions comply, and will comply, with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, your User Contributions must not:
AAICP takes claims of copyright infringement seriously. AAICP will respond to notices of alleged copyright infringement if such notices comply with applicable law. If you believe any materials accessible through the Site infringe your copyright, you may request removal of such materials from the Site by submitting written notification to AAICP as described in the “Contact AAICP” section below.
Notices that fail to comply with all of the requirements of Section 512(c)(3) of the Digital Millennium Copyright Act (17 U.S.C. § 512; the “DMCA”) may not be honored by AAICP.
If you knowingly and materially misrepresent that material on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
AAICP will terminate these Terms and your access to the Site if you repeatedly post material that infringes on third parties’ copyrights.
If the Site contains links to websites and resources provided by third parties (including, without limitation, links contained in advertisements, including banner advertisements, and sponsored links), such links are provided for your convenience only. AAICP has no control over the contents of such third-party websites or resources, and accepts no responsibility for such third-party websites or resources or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites or resources linked to from the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or resources.
You may link to the homepage of the Site, provided you do so in a way that is fair and legal and does not damage AAICP’s reputation. You may not establish a link to the Site in such a way as to suggest any form of association, approval, or endorsement on AAICP’s part. You agree to cooperate with AAICP in preventing or ceasing any unauthorized framing or linking. AAICP reserves the right to withdraw linking permission without notice.
Your use of the Site is at your own risk. Except as prohibited by applicable law, the site is provided on an “as is” and “as available” basis without any warranty of any kind, whether express, implied, or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, or that the site (and your access to or use of the site) is or will be secure, private, error-free, uninterrupted, non-infringing, compliant with law, free of harmful or offensive content or components, or interoperable with any third-party device, content, or service. AAICP expressly disclaims liability for claims related to any of the foregoing circumstances. You assume all responsibility for the accuracy, appropriateness, and legality of any information you supply AAICP.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
The information presented on or through the Site is made available solely for general information purposes. AAICP does not represent, warrant, or covenant to the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly at your own risk. AAICP disclaims all liability or responsibility arising from your reliance on such materials.
The Site may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in such content are solely the opinions and the responsibility of the third party providing such materials. Such materials do not necessarily reflect the opinion of AAICP. AAICP is not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
The aaicp related parties shall not be liable for any errors in the site or any content, or for any action taken in reliance thereon. Furthermore, the aaicp related parties shall not be liable to you for any interception of online communications, software or hardware problems (including, without limitation, viruses, loss of data, or compatibility conflicts), or other consequence beyond the reasonable control of aaicp. Any liability of the aaicp related parties to you for damages, injuries, losses, and causes of action, of any kind or nature, whether in contract, tort, negligence, or otherwise, either jointly or severally, shall be strictly limited to fifty dollars ($50).
Some jurisdictions do not allow the limitation of certain liabilities, so some of the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless the AAICP Related Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, without limitation, your User Contributions and any use of the Content, in each case other than as expressly authorized in these Terms.
You and AAICP agree that any disputes between you and AAICP will be resolved through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between you and AAICP relating to these Terms or the Site, (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and AAICP agree that the arbitration will be kept confidential and that the existence of the proceeding and all elements of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged, and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies. You and AAICP hereby waive any right to a jury trial of any Claim.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, AAICP will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or AAICP from seeking action by federal, state, or local government agencies. You and AAICP also have the right to bring qualifying claims in small claims court. In addition, you and AAICP retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor AAICP may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or AAICP’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
This “Arbitration” section of these Terms will survive the termination of your relationship with AAICP.
AAICP’s affiliates and third-party providers are third-party beneficiaries to these Terms (and may enforce any of the provisions and protections hereof, including, without limitation, the foregoing arbitration provision).
This “arbitration” section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in aaa rules, and the right to certain remedies and forms of relief. Other rights that you or aaicp would have in court also may not be available in arbitration.
By accessing or using the Site, you agree that all matters relating to your access to and use of the Site (including non-contractual disputes or claims) shall be governed by the laws of the Commonwealth of Virginia, without regard to the conflict of laws principles thereof. You and AAICP specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. Any legal action or proceeding arising out of or related to your access to or use of the Site or these Terms, except where such legal action or proceeding is submitted to arbitration as described in the “Arbitration” section above, shall be instituted exclusively in the applicable state or federal courts of the Commonwealth of Virginia, and you agree and hereby submit to the exclusive personal jurisdiction and venue thereof.
Any cause of action or claim you may have arising out of or relating to these terms or your access to or use of the site must be commenced within one (1) year after the cause of action accrues. After such period, such cause of action or claim is permanently barred.
No waiver by AAICP of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AAICP to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any of the terms or conditions of these Terms are determined to be void, unlawful, or unenforceable, the validity and enforceability of the remaining terms and conditions shall not thereby be affected or impaired.
These Terms constitute the sole and entire agreement between you and AAICP with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, warranties, and covenants, both written and oral, with respect to the Site.
If you have any questions or concerns about these Terms, please email AAICP at [_] or write AAICP at American Association of Independent Claims Professionals, 14001-C St. Germain Drive, Suite 453, Centreville, VA 20121.
All notices of copyright infringement must be sent to AAICP’s copyright agent at firstname.lastname@example.org.
In accordance with the Online Copyright Infringement Liability Limitation Act of the DMCA, such notices must include the following information: