Revised: February 8, 2021
AF's Proprietary Rights
Any and all of the AF Features contain data, content, software, code, information, materials, processes, procedures, methods and techniques (hereinafter “Data and Information”), which are protected by trademarks, service marks, copyrights, trade secret rights, and other intellectual and proprietary rights (hereinafter “Proprietary Rights”). You acknowledge, understand, and agree that AF retains all Proprietary Rights in and to all Data and Information, excluding Data and Information that you provide.
By accessing and using any of the AF Features, you agree not to:
- remove any trademarks, service marks, copyright notices, or any other notice contained in any Data and Information featured or contained on any of the AF Features;
- reproduce, download (except as is necessary to participate in Online Products or My Arbfile), modify, copy, capture, publish, distribute, transmit, disseminate, broadcast, transfer, license, adapt, create derivative works of, generate or incorporate into blockchain, aggregate payment information, netting, link to, publicly display or perform, or in any way exploit any Data and Information without AF’s prior express written permission and consent;
- use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, internet agent, robotic process automation (“RPA”) or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the AF Features or collect Data and Information, without AF’s prior express written permission and consent;
- use, access, copy, acquire, harvest, or collect any Data and Information in any way, including but not limited to use of RPA, from AF Features except for internal use only related to filing and responding to subrogation demands or subrogation arbitration claims administered by AF;
- frame or utilize framing techniques to enclose any Data and Information or individual element provided on any of the AF Features or create a link to any of the AF Features accessing such Data and Information or element without AF’s prior express written permission and consent;
- use any circumvention tools or any metatags or other hidden text utilizing AF’s name, trademark, service mark, URL, or the name of any of the AF Features without AF’s express prior written permission and consent;
- access AF Features using another user’s credentials, a false email address, fictitious identifying information, artificial intelligence, or machine access to impersonate a User;
- interfere with the proper operation of or any security measure used by AF;
- infringe any intellectual property or other right of any third party, including, but not limited to the rights of other members; or
- disassemble, decompile, or reverse engineer any of the materials, underlying software, or code made available on the Site or through any of the AF Features.
Becoming an Authenticated User and Security
1) To become an Authenticated User, Users must have registered (directly with AF or through authority delegated to a member), provided certain profile information to create an account (“Account”) and must be granted permission to use member areas of the Site, Online Products and My Arbfile. Profile information may include (for illustration purposes only), user ID, password, name, title, department, your company’s name, mailing address, phone number, fax number, e-mail address, and website address (“Profile Information”).
2) By logging in through any of the AF Features, you grant AF a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, transmit, and display your Profile Information in connection with AF’s operation of any of the applicable AF Features and/or your use of any of the applicable AF Features.
4) In becoming an Authenticated User, you agree not to:
- select or use the name, e-mail address, or user name of another person with the intent to impersonate that person;
- use any Profile Information that is profane, offensive, or otherwise inappropriate; or
5) You agree to immediately notify AF of any known or suspected unauthorized use(s) of your 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 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.
Appropriate Use of Any of the AF Features and Consequences of Inappropriate Use
2) In accessing and using any of the AF Features, you agree not to:
- upload, post, e-mail, display, or otherwise transmit or make available through the use of any of the AF Features (a) any information, content, or data that is fraudulent, misleading, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, profane, indecent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, including any communication that constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable law or regulation or standard of conduct; (b) any information that you do not have a right to make available under any law or under contractual or fiduciary relationships, such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements; (c) any information that infringes, violates, or misappropriates any patent, trademark, trade secret, copyright, privacy, publicity, or other rights of any other person or entity; (d) any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (e) any material that contains any virus, malware, Trojan horse, worm, time bomb, or any other computer code, files, or programs designed to damage, interfere with, intercept, misappropriate, gain control over, or limit the functionality of any computer, computer network, communications device, communications system, data, or Personal Information (defined below);
- remove any trademarks, service marks, copyright notices, or any other notice featured or contained on any of the AF Features;
- hack any of the AF Features or to defeat or overcome any encryption technology or security measures implemented by AF with respect to any of the AF Features and/or data transmitted, processed, or stored by AF; or
- harvest or collect any information about or regarding other Authenticated Users of any of the AF Features including, but not limited to, any Personal Information (defined below) or personal data or information; and/or interfere with or disrupt any of the AF Features or servers or networks connected to or operated with any of the AF Features; or disobey any requirements, procedures, policies, or regulations of networks connected to or operated with any of the AF Features.
3) If you engage in conduct that AF reasonably believes is:
- illegal, fraudulent, harassing, or abusive;
- a violation of AF’s Rules;
- harmful to other users, third parties, or AF’s business; or
- intentional use or repeated inadvertent use of Personal Information,
AF may immediately terminate your Account, revoke or withdraw permission granted to an Authenticated User, or suspend your access to your Account at its sole discretion and without notice.
4) Use of any of the AF Features for illegal, fraudulent, or abusive purposes may be referred to law enforcement authorities without notice.
5) Upon AF’s termination of your Account for any of the forgoing reasons, AF will have no obligation to notify any third parties regarding such termination, and you will be responsible for any damages that may result or arise out of termination of your Account.
Case Information and Profile Information
1) Any information submitted about a case (“Case Information”) through the use of any of the AF Features is the sole responsibility of the person posting or transmitting such Case Information. You, and not AF, are entirely responsible for all Case Information that you upload, post, e-mail, transmit, or otherwise make available through the use of any of the AF Features. AF does not evaluate the Case Information posted or transmitted through the use of any of the AF Features and, as such, does not guarantee the accuracy, reliability, or quality of such Case Information. Further, you acknowledge, understand, and agree that AF may or may not pre-screen Case Information that is displayed on or transmitted through the use of any of the AF Features, including, but not limited to, use of Personal Information (defined below). Under no circumstances will AF be liable in any way for any Case Information including, but not limited to, any errors or omissions in any Case Information, use or access to Personal Information (defined below), or any loss or damage of any kind incurred as a result of the use of or your loss of use of any Case Information posted, e-mailed, transmitted, or otherwise made available on or through the use of any of the AF Features, including, but not limited to, your use or access to Personal Information (defined below). You agree that AF may, at 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.
3) 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 agrees 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 (“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: (i) 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); (ii) any information that a consumer provided to obtain a financial product or service primarily for personal, family, or household purposes; (iii) any information about a consumer resulting from any transaction; (iv) any information otherwise obtained about a consumer in connection with providing the financial product or service to that consumer; and (v) 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.
4) You agree to promptly notify AF in writing of any unauthorized, negligent or inadvertent disclosure or use of Personal Information in connection with use of the Site or Features (including Online Products), 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.
AF may provide links to third parties’ websites (“Linked Sites”) on any of the AF Features. Linked Sites are not necessarily reviewed, controlled, or examined by AF in any way, and AF is not responsible for the policies and practices of any such Linked Sites or any additional links contained therein. These links do not imply AF’s endorsement of or association with the Linked Sites. You, acknowledge, understand, and agree that AF is not responsible or liable in any way for any content, advertising, services, or goods on or made available from such Linked Sites or resources either via links provided by AF or by any user or third party.
Disclaimer of Warranties
1) You acknowledge, understand, and agree that the processing and transmission of communications relating to the use of any of the AF Features 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 for display on or for transmission through the use of any of the AF Features.
2) ANY AND ALL OF THE AF FEATURES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AF SPECIFICALLY DISCLAIMS ALL WARRANTIES 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 AF FEATURES 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 AF Features will meet your expectations or requirements; (b) any of the AF Features 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 AF Features will be accurate, timely, complete, or reliable; (d) any errors or defects in any of the AF Features will be corrected; or (e) any of the AF Features and/or the server that makes any of the AF Features available 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 AF Features 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 AF Features.
4) You acknowledge, understand, and agree that the entire risk arising out of the use or performance of any of the AF Features 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 AF FEATURES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF ANY OF THE AF FEATURES.
Limitation of Liability
1) IN NO EVENT SHALL AF OR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, CONSULTANTS, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, THE INABILITY TO USE, OR RELIANCE ON ANY OF THE AF FEATURES, OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, PROGRAMS, OR INFORMATION, EVEN IF AF OR SUCH PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION. IN NO EVENT SHALL AF BE LIABLE FOR OR IN CONNECTION WITH ANY INFORMATION POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY VISITOR OR OTHER PERSON ON OR THROUGH ANY OF THE AF FEATURES.
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 AF FEATURES 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 AF FEATURES OR INABILITY TO GAIN ACCESS TO ANY OF THE AF FEATURES.
Arbitration Forums, Inc.
3820 Northdale Boulevard, Suite 200A
Tampa, Florida 33624