Last Amended: December 21, 2023
By submitting Case Information and/or Profile Information through the Site, any Online Product, or Data Integration, you grant AF a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, transmit, and display your Case Information and/or Profile Information as necessary and appropriate for AF to provide or improve the Services, including without limitation by making Case Information and/or Profile Information known to other Users, arbitrators, or third-party vendors, such as TPAs, as part of the Services.
“Case Information” is any information (other than Profile Information) submitted by a User through the Site, any Online Product, or Data Integration. You agree to limit your submission of Case Information to information relevant to the filing of and/or response to subrogation demands or arbitration claims administered by AF.
Case Information is the sole responsibility of the User submitting such Case Information. You, and not AF, are entirely responsible for all Case Information that you submit or otherwise make available through or for the Site, any Online Product, or a Data Integration. AF does not evaluate Case Information submitted through the Site, any Online Product, or Data Integration and, accordingly, does not guarantee the accuracy, reliability, or quality of such Case Information. You acknowledge, understand, and agree that AF may or may not pre-screen Case Information that is submitted or otherwise made available through the Site, any Online Product, or Data Integration, including, but not limited to, any Personal Information (defined below). You acknowledge, understand, and agree that under no circumstances is AF liable in any way for any Case Information, including, but not limited to, any errors or omissions in any Case Information, the inclusion of any Personal Information in Case Information, or any loss or damage of any kind incurred as a result of or in connection with any Case Information that is present on or made available in connection with the Site, any Online Product, or Data Integration. You agree that AF may, in its sole discretion, refuse to post, store, or transmit any Case Information submitted by you and may move, remove, edit, or modify any such Case Information for any reason at any time without notice.
You agree to refrain, as much as practical, from providing non-public personal information or information about an individual (“Personal Information”), as defined in applicable Privacy Laws (defined below), the use and disclosure of which is restricted by such Privacy Laws. You agree to use all reasonable safeguards and precautions to protect any and all Personal Information from unauthorized dissemination or disclosure, and further agree to use and maintain any Personal Information in accordance with such Privacy Laws. For the purposes of this Agreement, Personal Information shall be defined with reference to the Gramm-Leach-Bliley Act of 1999 and any other applicable federal and state laws and regulations (collectively, “Privacy Laws”) and shall be subject to all applicable privacy and data protections as codified in the Cybersecurity Requirements for Financial Services Companies regulations (22 NYCRR 500), as well as prevailing industry practices. You acknowledge and agree that Personal Information includes, without limitation: (1) any information provided or obtained in relation to an insurance product or service sought by an individual that identifies that individual, including the fact that the individual is or has been a customer of Member(s) or voluntary participants of the Services; (2) any information that a consumer provided to obtain a financial product or service primarily for personal, family, or household purposes; (3) any information about a consumer resulting from any transaction; (4) any information otherwise obtained about a consumer in connection with providing the financial product or service to that consumer; and (5) any list, description, or other grouping of consumers (and public available information pertaining to them) that is derived using any of the foregoing information that is not publicly available information.
You agree to promptly notify AF in writing of any unauthorized, negligent, or inadvertent disclosure or use of Personal Information in connection with the Services, or any subpoena or other judicial or administrative order by a government authority or proceeding seeking access to or disclosure of Personal Information, and shall cooperate with AF to mitigate any such breach (whether actual or suspected) or reasonably object to the scope of any disclosure required by a governmental authority or proceeding.
To become an Authenticated User, you must have the authority to bind your organization through use of the Services, register with AF (directly with AF or through your organization’s AF-authorized security administrator (“Security Administrator”)) and be granted permission to use private areas of the Site and Online Products.
AF reserves the right to deny for any reason any request by a person or organization to become an Authenticated User, or any request for additional Authenticated User credentials. AF also reserves the right to refuse any request, whether by Authenticated Users or others, for access to private areas of the Site, any Online Product, or Data Integrations.
You will be requested to provide certain profile information to create your Authenticated User account. Profile information may include without limitation User identification (“User ID”), password, name, title, department, your company’s name, mailing address, phone number, fax number, email address, and website address (“Profile Information”).
In becoming an Authenticated User, you agree not to:
You agree to immediately notify AF of any known or suspected unauthorized use(s) of your Authenticated User account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You acknowledge, understand, and agree that you shall be liable for all activities that occur under any Authenticated User account created for your use, even if such activities were not committed by you. AF is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
Upon termination by a Member of its Authenticated User accounts, that Member shall promptly return (or upon request, destroy) any Data and Information, and any and all other materials and information pertaining to the Site, Online Products, or Data Integrations, in its possession as a result of its use of the Services, except that copies may be retained as required for legal archive and/or claim file documentation purposes and as stored in automatic back-up systems.
Members may request (either directly with AF or through their Security Administrator) Authenticated User account credentials to be used by RPA or other automation software (“Robots”). In doing so, a requesting Member must disclose to AF the User ID of the Robot and name of any software that constitutes or controls such Robots, in whole or in part. Robots may not use accounts authenticated for human beings.
You also understand that AF may, from time to time, request additional information concerning your use of Robots and that it reserves the right to limit or entirely prohibit your use of Robots for any reason, at any time, without notice or cause and in its sole discretion.
You do not have permission, express or implied, to use the Services to populate, process, input, use or upload Data and Information into any artificial intelligence (“AI”) technologies, including, but not limited to, large language models, generative AI or for training a machine learning or AI system, without the express written permission of AF. If there is a specific AI use case that you would like AF to consider, please contact us at ArbitrationForums@arbfile.org.
All Data and Information obtained through use or access to Services, the Site, Online Products, or Data Integrations shall be kept strictly confidential, meaning Users shall not disclose Data and Information to any other party, except as expressly provided for below. Moreover, Users are authorized to use the Services–including all Data and Information–only to the extent and for the purposes enumerated here.
As described more fully herein, Services may only be used to file and/or respond to subrogation demands or arbitration claims administered by AF; to facilitate payment of such claims by way of the Services or other methods not specifically prohibited herein; and for the associated permitted Internal Uses listed below. YOU MAY NOT USE THE SERVICES, INCLUDING ANY DATA AND INFORMATION THAT YOU OBTAIN BY WAY OF THE SERVICES, FOR ANY OTHER PURPOSE.
Permitted “Internal Uses” are:
For the avoidance of doubt, additional permitted uses include:
The above prohibitions do not apply to any Case Information or Profile Information that you can demonstrate was known to you independent of the Site, any Online Product, or a Data Integration.
You also agree to comply with all applicable statutes, regulations, ordinances or other applicable laws in your use of the Services. You further agree not to:
If you engage in conduct that AF believes is illegal, fraudulent, harassing, abusive, or harmful to other Users or to AF itself (including but not limited to taking any of the actions enumerated above), AF–at its sole discretion and without notice–may immediately terminate or suspend your access to the Services, including by rescinding or suspending your Authenticated User account. Use of any of the Services for illegal, fraudulent, harassing, abusive, or harmful purposes may also be referred to law enforcement authorities at AF’s sole discretion and without notice.
AF has no obligation to notify you or any third parties if it terminates, suspends, or otherwise restricts your access to or use of the Services, and you will be responsible for any damages that may result from such suspension, termination, or restriction.
AF may, through the Services, link to third-party websites (“Linked Sites”). These links do not imply AF’s endorsement of or association with the Linked Sites. Linked Sites are not necessarily reviewed, controlled, or examined by AF in any way, and AF is not responsible or liable in any way for any aspect of such Linked Sites or any additional links contained therein.
1) You acknowledge, understand, and agree that the processing and transmission of communications relating to the use of any of the Services may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you acknowledge, understand, and agree that AF will not be responsible or liable for the timeliness, deletion, misdelivery, or failure to store any data, information, or content that you provide through the use of any of the Services.
2) ANY AND ALL OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AF SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, THE INFORMATION ON ANY OF THE SERVICES SHALL IN NO EVENT BE CONSIDERED OR RELIED UPON AS LEGAL ADVICE OR AS A SUBSTITUTE FOR SEEKING THE ADVICE OF A LICENSED ATTORNEY.
3) AF makes no representation or warranty that (a) any of the Services will meet your expectations or requirements; (b) any of the Services will be available, uninterrupted, timely, secure, accurate, complete, or error free; (c) any results or information that may be obtained from the use of any of the Services will be accurate, timely, complete, or reliable; (d) any errors or defects in any of the Services will be corrected; (e) any of the Services will be available or accessible from outside the United States; or (f) any of the Services, Site, and/or the Computer System are free of viruses, clocks, timers, counters, worms, software locks, malware, Trojan horses, trap doors, time bombs, or any other harmful or malicious codes, instructions, programs, or components. Operation of any of the Services may be interfered with by numerous factors outside of AF’s control, including, but not limited to, telecommunications network disruptions. AF is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system, or network used in connection with any of the Services.
4) You acknowledge, understand, and agree that the entire risk arising out of the use or performance of any of the Services remains with you to the maximum extent permitted by law.
5) YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY OF THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF ANY OF THE SERVICES.
2) AF HEREBY DISCLAIMS ANY LIABILITY TO YOU, THE PEOPLE YOU AUTHORIZE TO ACCESS YOUR ACCOUNT, OR ANY OTHER PARTY FOR ANY DAMAGES OR INJURY THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE YOUR ACCOUNT INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY OF THE SERVICES UNDER ANY LEGAL THEORY OR CAUSE OF ACTION. NEITHER AF NOR ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, CONSULTANTS, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, THOSE ARISING OUT OF THE USE OF ANY OF THE SERVICES OR INABILITY TO GAIN ACCESS TO ANY OF THE SERVICES.
Users of the Services acknowledge that AF is an arbitral organization and expressly agree that any subpoena issued by an attorney or court of competent jurisdiction on their behalf must be served upon AF in accordance with all applicable laws. Users agree that any subpoena must be strictly limited to the Case Information of the arbitration award(s) actually being enforced, confirmed or vacated in a single underlying court action before a court of competent jurisdiction and further agree not to seek the production of any other information, including, but not limited to, information about AF’s Rules, appointed arbitrators, or any subrogation or subrogation arbitration cases administered by AF that involve any party not named in the underlying court action.
Arbitration Forums, Inc.
3820 Northdale Boulevard, Suite 115
Tampa, Florida 33624