Terms Of Service

ReportMyCarAccident: Terms of Use with Binding Arbitration and Waiver of the Right to a Jury Trial

WELCOME! Thank you for visiting the Website of ReportMyCarAccident (“Company”) containing, among other things, our: Privacy Policy, Terms of Use Policy, and Binding Arbitration with Waiver of Right to a Jury Trial Policy. These three provisions are an integral and key part of the ReportMyCarAccident Website. Our Terms of Use and our Privacy Policy provide information about the services that we offer, general information, certain important resources, and allow you to contact us. The Binding Arbitration provision provides the sole method for a resolution of disputes in the unlikely case any should occur. NOTE: the Binding Arbitration includes a Waiver of the Right to Jury Trial. These Policies govern your use of our websites. Please read all provisions as they set forth the rules and terms of using the ReportMyCarAccident Website.

We are not lawyers or a law firm but rather a marketing company that assists specific lawyers, law firms, and others to obtain potential case leads. ReportMyCarAccident runs media advertisements in the United States with the goal of providing personal injury victims an opportunity to learn about various lawyers and law firms that are actively involved in Personal Injury Law Practice in their area. This allows claimants the chance to compare firms and then select the lawyer/law firm they may want to represent them. By its very nature, this is an Interstate Commerce matter and the Viewer acknowledges that this Website evidences business transactions involving Interstate Commerce. Since ReportMyCarAccident and Viewers of this Website agree to resolve any dispute through binding arbitration, the Federal Arbitration Act (FAA), 9 USC §1 et seq., shall govern the interpretation and enforcement of such proceedings. See paragraph 25 below.

Therefore, any dispute arising out of the services rendered and the use of this Website shall be decided by Binding Arbitration. See Paragraph 25 below. Also, THE PARTIES WAIVE THE RIGHT OF JURY TRIAL; AND FURTHER WAIVE ANY RIGHT THAT THEY MAY HAVE TO ASSERT THE DEFENSE OF FORUM NON-CONVENIENS.

Many Viewers of this Website, aka potential Claimants, may employ lawyers, law firms, and others after using our Website. However, such law firms are separate and independent from us with their own Websites, agreements, and terms. As we are not related entities, you will have to review their sites and agreements to understand their Policies and Terms. In the normal course of business, most Viewers/claimants will quickly be given the names of law firms from which they may choose to employ as their attorney. As a consequence, ReportMyCarAccident will have only a small amount of personal data obtained from potential Claimants and all or most of that data will promptly be made available to those law firms. That data will not be considered Confidential as to those law firms, ReportMyCarAccident, call centers, or other entities involved in this process. More detailed information can be found in our Privacy Policy.

TERMS OF USE FOR ReportMyCarAccident

INTRODUCTION. Thank you for visiting the website of ReportMyCarAccident (“Company”). We operate as a Limited Liability Company. We are not lawyers or a law firm but rather a marketing company that assists specific lawyers, law firms, and others to obtain potential case leads. All references to “websites” or “Site” include Company websites that post a link to our Terms of Use and our Privacy Policy, including this website and other Company-owned and/or operated websites—but not sites of third parties, even if referenced in our Site. Our Terms of Use and our Privacy Policy provide information about the services that we offer, general information, certain resources, and allow you to contact us. These Terms of Use and our Privacy Policy govern your use of our websites.

1. BINDING EFFECT. By using the Internet site located at www.reportmycaraccident.com (the “Site”) and any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use as they may be amended by the Company from time to time in its sole discretion. The Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review both these Terms of Use (and the Privacy Policy noted below) periodically. If at any time you find these Terms of Use and/or our Privacy Policy unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. You also agree to be bound by the Terms of Use and the Privacy Policy. This is a binding agreement as if it were a written contract.

2. PRIVACY POLICY. ReportMyCarAccident respects your privacy and generally permits you to control the treatment of your personal information that is provided to us as part of your case data. A complete statement of Company’s current privacy policy can be found by clicking here. Company’s privacy policy is expressly incorporated into this Agreement by this reference.

3.
 A. This is an Advertisement for legal services. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. Do not use this site as a substitute for seeking your own legal advice or making your own investigation of facts. Again, this is an advertisement. Information from this website or data provided to the sites is not subject to the attorney-client privilege (we are not attorneys) and does not constitute legal advice. The transfer of such data to a law firm does not create an attorney-client relationship with such a firm, which will only happen when a Retainer Agreement is signed by you with a law firm. Any initial information provided to ReportMyCarAccident is done so voluntarily and will not be considered nor treated as confidential.

B. No Guarantee as to the accuracy of data given. Fees, recovery totals, and all other firm details have been provided by each law firm on their own accord. ReportMyCarAccident does not guarantee the accuracy of any information provided but believes it to be accurate. All fees listed are represented as contingency fees, although clients may still be responsible for payment or reimbursement of costs and expenses, such as court filing fees, deposition costs, etc. Attorney reimbursements vary between law firms and will be detailed and outlined in any contracts you sign with a particular firm. Note that the calculation of law firm reimbursements may be done in different ways, so you should ask any counsel that you select to first explain their method of calculation and ask them to answer any other questions you might have before you enter into a written contract with such law firm. Also, such law firm data may change from time to time, and while we may attempt to update such information, no assurance can be made that the Website is up to date when you view it.

C. ReportMyCarAccident assumes no liability for services provided by a law firm obtained through our services. ReportMyCarAccident assumes no liability for any advice given to you by a law firm or for any actions taken by a lawyer that you may retain through this advertisement. In no case is there a warranty, guarantee, or prediction of the outcome of your claim made by ReportMyCarAccident.

4. HONEST USE AND OPENING ACCOUNTS. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate means.

5. USE OF SOFTWARE. ReportMyCarAccident may make certain software available to you from the Site but is not required to do so. If it becomes available and you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. ReportMyCarAccident does not transfer to you either the title or the intellectual property rights to the Software, and ReportMyCarAccident retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All logos and names are owned by ReportMyCarAccident or its licensors, and you may not copy or use them in any manner without prior written approval.

6. USER CONTENT.
 {The following paragraph only applies to content that is not part of the case or injury data that you may otherwise provide to our Website. Case or injury data you provide is governed by our Privacy Policy.}
You grant Company a license to use the materials you publicly post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that ReportMyCarAccident may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

You grant to ReportMyCarAccident the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, summarize, publish in searchable format, and remove such User-Generated Content and combine same with other materials; and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to the Company to your User-Generated Content, you also hereby grant to the Company, and agree to grant to the Company, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.

ReportMyCarAccident may now or in the future offer users of the websites the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the websites (collectively, “submit”) messages, text, illustrations, files, images, articles, blogs, books, course materials, graphics, photos, comments, responses, sounds, music, audio, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User-Generated Content”). Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.

You agree that: (a) your User-Generated Content will be treated as non-confidential regardless of whether you mark them “confidential,” “proprietary,” or the like and will not be returned, and (b) the Company does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content.

The Company may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and the Company may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms, including without limitation, the content restrictions set forth below in the Community Rules (defined in Section 4(B)). Such User-Generated Content submitted by you or others need not be maintained on the websites by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the websites or elsewhere.

7. YOU AGREE NOT TO RELY ON INFORMATION CONTAINED ON THE WEBSITES. The information provided on the websites is general in nature and does not apply to any particular factual, legal, medical, financial, insurance, or other situation. As such, you should not rely on any information on our websites, but rather you should seek professional advice as you determine appropriate. In particular, you should consult personally and directly with:

Any opinions expressed by an attorney you may find from this Website may not reflect the opinions of ReportMyCarAccident and may not be accurate. See these Terms and Conditions generally and also paragraphs 3, 12–16. Although we will try to keep the content on the websites relevant and useful, laws are often changing, services offered by attorneys change, attorney personnel changes, and other relevant factors may change. Therefore, we cannot and do not guarantee that all of our content is complete, accurate, or current.

8. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
 When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

9. INAPPROPRIATE CONTENT
 You shall not make the following types of Content available that is in any way a response to or part of ReportMyCarAccident content. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

10. COPYRIGHT INFRINGEMENT
 Company has in place certain legally mandated procedures regarding copyright infringement occurring on the Site or with our Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of any related third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must promptly provide Company with all of the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
(d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate as stated under penalty of perjury,
(g) that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For this notification to be effective, you must provide it to:
ReportMyCarAccident
 Legal Department
gethelp.reportmycaraccident@gmail.com

11. ALLEGED VIOLATIONS
 Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

12. NO WARRANTIES
 COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

13. LIMITED LIABILITY
 ReportMyCarAccident’s LIABILITY TO YOU IS LIMITED, TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO: SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA), REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY.

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. The limitation on liability shall include injury to persons or property or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Covered Parties were advised of or should have known of the possibility of such losses or damages.

14. WEBSITE ATTORNEYS ARE SEPARATE FROM REPORTMYCARACCIDENT
 All attorneys retained from this service are independent contractors that are separate and not a part of Company. Company believes that they are qualified to act as legal counsel in the subject matter they are employed in but Company has not made an investigation in all related aspects in law that may apply to any given case. Under California Law attorneys must disclose to their clients if they do not have Professional Liability Insurance. ReportMyCarAccident encourages clients to discuss such matters with their legal counsel. In other states, potential clients should make an inquiry of any potential attorney if they have such insurance. Company cannot guarantee the result of any given case and as noted herein (but not repeated here) Company assumes no liability with respect to any case or matter.

15. OTHER SITES
 Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.

(continued in next message)

(Continued)

Accordingly, Company is not responsible for the contents or practices of any third party site linked to the Site, and the fact that such a link appears on the Site does not imply endorsement by Company of the linked site or any association with its operators. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk. You agree that you will bring no suit or claim against Company arising from or based upon any such use of third party sites.

16. AFFILIATED SITES
 Company has no control over and assumes no liability for any third-party content that may be available through links from this Site or any affiliate or advertiser websites, or their conduct online or offline. Because Company has no control over such websites and resources, you acknowledge and agree that Company is not responsible for the availability or content of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Company shall 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 such content, goods, or services available on or through any such site or resource.

17. INDEMNITY
 You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

18. GOVERNING LAW
 These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Mateo County, California, USA in all disputes arising out of or related to the use of the Site or Service.

19. SEVERABILITY; WAIVER
 If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

20. NO LICENSE
 Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

21. CALIFORNIA USE ONLY
 The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the Service to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

23. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

24. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. The indemnification obligations and all other paragraphs in the Terms & Conditions shall survive the termination or expiration of this Agreement.

25. BINDING ARBITRATION AS TO ALL MATTERS.

This clause and the Terms of Use shall be deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and the Company agree that we intend that this Website satisfies the “writing” requirement of the Federal Arbitration Act. This Section and Website can only be amended by later action of the Company.

(A) First – Try to Resolve Disputes. If any controversy, allegation, or claim arises out of or relates to the websites, the Content, your User-Generated Content, or these Terms, whether heretofore or hereafter arising (collectively, “Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this provision to proceed further. Your notice to us must be sent to:
gethelp.reportmycaraccident@gmail.com For a period of sixty (60) days from the date of receipt of notice from the other party, you and the Company will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or the Company to resolve the Dispute on terms which either party, in its sole discretion, is not comfortable with under the circumstances.

(C) The Parties agree to the following Arbitration Procedures & Rules:

  1. WAIVER OF JURY TRIAL. THE PARTIES WAIVE THE RIGHT OF JURY TRIAL; AND FURTHER WAIVE ANY RIGHT THAT IT MAY HAVE TO ASSERT THE DEFENSE OF FORUM NON-CONVENIENS.
  2. The case Arbitrator shall be designated solely by ADR Services Inc. The number of arbitrators shall be one (1), to be appointed by ADR Inc. In the conduct of this matter, the Parties shall first look to the Rules set forth herein. If there is not an applicable Rule in this or a related document, then the Parties and Arbitrator will next look to the Federal Arbitration Law, then next to the Federal Rules of Evidence, then the Federal Rules of Civil Procedure, and lastly to the Rules of ADR Services Inc.

  3. Arbitration in Absence of a Party. The arbitration may proceed after verification of service of an initial notice to Arbitrate even if the Responding Party does not appear or file a response and fails to appear or obtain a continuance. The Arbitrator shall have the authority and power to proceed ex parte or otherwise in the event that either party fails, after reasonable notice, to attend hearings. The Arbitrator shall issue any award supported by the evidence presented by the appearing party including a Dismissal with Prejudice to the claims of a non-responding or non-appearing Party.
  4. The Party requesting Arbitration must pay the initial ADR fee and request an initial Conference between the Arbitrator and the Parties. After said conference the initiating party shall pay in full the rest of their fee as requested by ADR Inc. Failure to do so shall result in a Default Judgment in favor of the other Party.
  5. Prehearing Conference: The Arbitrator shall schedule a prehearing conference for discovery scheduling, motion arrangements, issue narrowing, and expediting resolution. Thirty (30) days after such conference, either party may file dispositive motions allowed under the Federal Rules of Civil Procedure. Filing such motions may stay arbitration deadlines until resolved.
  6. The Arbitrator may rule on arbitrability and time-bar defenses. All Arbitrator fees are to be split equally. Each party shall pay its own legal and expert fees unless a party’s claims or conduct is deemed frivolous or made in bad faith, in which case the Arbitrator may award fees to the opposing party.
  7. Place and Language of Arbitration: The arbitration shall take place in Redwood City, California, in English. The matter may alternatively be heard in San Jose, California, if both parties agree.
  8. The Arbitrator shall only consider relevant and material evidence, applying proper weight, and shall exclude inadmissible or improperly disclosed evidence. The Arbitrator shall be guided by: (i) these Rules; (ii) the Federal Arbitration Act; (iii) the Federal Rules of Evidence; (iv) the Federal Rules of Civil Procedure; (v) ADR Inc. Rules; and (vi) California law, in that order.
  9. Limited Discovery: Each party may make one request for production of documents (35 items including subparts) and one set of interrogatories (25 items). Only depositions of Claimant and Respondent are permitted unless the Arbitrator grants more. Discovery requests must be served no later than 90 days before the hearing.

Pre-Trial Disclosure: Not less than 25 days before the Evidentiary Hearing, each party must disclose:

Failure to comply may result in sanctions.

  1. BIFURCATION: The Arbitrator shall rule on liability first, unless unnecessary. Discovery on damages may proceed unless suspended. If liability is found, the Arbitrator shall reconvene later to determine damages.
  2. DECISION: The Arbitrator shall not award injunctive relief, punitive damages, or any non-actual damages, and must generally follow the Website’s terms. The award shall be in writing, include findings of fact and conclusions of law, and be final and binding without appeal except as allowed by the FAA.

However, equitable relief may be granted to the Company for loss or damage relating to the Website or its intellectual property rights, including as outlined in Paragraphs 4–18 and 21.

  1. Sanctions: The Arbitrator may impose reasonable sanctions as a judge could under the Federal Rules of Civil Procedure.
  2. CONFIDENTIALITY: Except to register for arbitration or enforce an award, neither the Arbitrator nor any party may disclose the arbitration’s existence, content, or result without both parties’ consent.
  3. The Arbitrator shall consider only relevant and material evidence, with appropriate weight, guided by the principles noted in paragraph 9.

{END OF ARBITRATION RULES}

26. These Terms of Use shall be binding on you, your heirs, successors, and assigns. These rules shall survive any termination of service for a period of six (6) years.

27. Digital Millennium Copyright Act

Notification: If you are a copyright owner or an agent thereof and believe that any Content at the websites, including any User Generated Content, infringes upon your copyright, you may submit a written notification pursuant to the DMCA (see 17 U.S.C. 512(c)(3)) by providing our Copyright Agent:

Send to:
 Copyright Agent
c/o General Counsel
ReportMyCarAccident
gethelp.reportmycaraccident@gmail.com

Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Company’s Client Services Department. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.

Counter-Notification. If you believe that any User Generated Content of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Generated Content, you may send a counter notification containing the following information to the Copyright Agent:

If a counter notification is received by the Copyright Agent, the Company may send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, we may, in our sole discretion, reinstate the removed material or cease disabling such material.

In accordance with the DMCA and other applicable law, the Company may, in appropriate circumstances, terminate access, at the Company’s sole discretion, of any user that we find to be a repeat infringer of others’ copyrights. The Company may also, in its sole discretion, limit or fully terminate access to the websites of any user infringing the intellectual property rights of others, regardless of whether such user is a repeat offender or not.

28. Questions and Customer Service

If you have a question regarding using one of our websites, you may contact our Client Service Department at:

by email at gethelp.reportmycaraccident@gmail.com.

29. Waiver of Injunctive or Other Equitable Relief

IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE WEBSITES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY THE COMPANY (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF THE COMPANY.

30. Updates to Terms

These Terms, in the form posted at the time of your use of the applicable websites to which it applies, shall govern such use. AS OUR WEBSITES EVOLVE, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE WEBSITES MAY BE MODIFIED AND WE MAY CEASE OFFERING THE WEBSITES UNDER THE TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE WEBSITES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE WEBSITES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE WEBSITES AFTER SUCH NOTICE CONSTITUTES YOUR AGREEMENT TO THE CURRENT TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms of Use each time you use the websites (at least prior to each transaction or submission). Additional terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page which you agree is a reasonable manner of providing you notice. You can reject any new, revised or additional terms by discontinuing use of the websites and related services.

31. General Provisions

(A) The Company’s Consent or Approval. As to any provision in these Terms that grants the Company a right of consent or approval, or permits the Company to exercise a right in its “sole discretion,” the Company may exercise that right in its sole and absolute discretion. Note that the Company’s consent or approval may be deemed to have been granted by the Company without being in writing and signed by an officer of the Company except in the case of a specific request of a Party or person and for which a party or person has an interest in such matter.

(B) Indemnity. You agree to, and you hereby, defend, indemnify, and hold the Covered Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Covered Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter:
(i) your User-Generated Content;
(ii) your use of the websites and your activities in connection with the websites;
(iii) your breach or alleged breach of these Terms;
(iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the websites or your activities in connection with the websites;
(v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity;
(vi) any misrepresentation made by you; and
(vii) the Covered Parties’ use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims and Losses”).

You will cooperate as fully required by the Covered Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, the Covered Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. The Covered Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Covered Party. The indemnity does not apply to events arising directly from an attorney-client relationship, if any, that may be entered between you and the Company on the terms described herein.

(C) Operation of Websites; Availability of Products and Services; International Issues. The Company controls and operates the websites from its U.S.-based offices in the U.S.A., and the Company makes no representation that the websites are appropriate or available for use beyond the U.S.A. If you use the websites from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.

(D) Severability; Interpretation. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms, the word will be deemed to mean “including, without limitation”. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.

(E) Communications. When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

(F) Investigations; Cooperation with Law Enforcement; Termination; Survival. The Company reserves the right, without any limitation, to:
(i) investigate any suspected breaches of its websites’ security or its information technology or other systems or networks,
(ii) investigate any suspected breaches of these Terms,
(iii) investigate any information obtained by the Company in connection with reviewing law enforcement databases or complying with criminal laws,
(iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters,
(v) prosecute violators of these Terms, and
(vi) discontinue the websites, in whole or in part, or, except as may be expressly set forth in any additional terms, suspend or terminate your access to it, in whole or in part, including any user Accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party.

Any suspension or termination will not affect your obligations to the Company under these Terms or any Additional Terms. Upon suspension or termination of your access to the websites, or upon notice from the Company, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the websites. The provisions of these Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to the Company in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

(G) Assignment. The Company may assign its rights and obligations under these Terms, in whole or in part, but only in writing, to any party at any time without any notice. The Terms and Conditions herein may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of the Company.

(H) No Waiver. Except as expressly set forth in these Terms,
(i) no failure or delay by the Company in exercising any of rights, powers, or remedies will operate as a waiver of that or any other right, power, or remedy, and
(ii) no waiver or modification of any provision contained in the Terms & Conditions will be effective against Company unless in writing and signed by an officer of the Company.

Effective Date: These Terms were last revised on March 15, 2023.

Copyright © 2025 ReportMyCarAccident All rights reserved.