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Adjusters Asia provides its service to you, subject
to the following Terms of Service ("TOS"), which may be updated
by us from time to time without notice to you. You can review the
most current version of the TOS at any time by returning to this
page. In addition, when using particular Adjusters Asia services,
you and Adjusters Asia shall be subject to any posted guidelines
or rules applicable to such services which may be posted from time
to time. All such guidelines or rules are hereby incorporated by
reference into the TOS.
In addition to everything you see and read on
this web site (the "Site"), Adjusters Asia currently provides
users with the ability to create a user account. Creating a user
account permits users to store and transfer (upload/download) files
and other data, utilize offshore transcription services, view files
and assignment data on-line, and to post messages on community message
boards. Unless explicitly stated otherwise, any new features that
augment or enhance the current Service shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and
that Adjusters Asia assumes no responsibility for the timeliness,
deletion, mis-delivery, tampering, misappropriation or failure to
store any user communications, files, personalization settings or
other data.
Always keep a backup copy of your files and other
data.
Registration data and certain other information
about you is subject to our Privacy Policy. For more information,
see our full Privacy
Policy by clicking the link to the left of this page.
You will receive a password and username upon
completing the application for a user account. You are responsible
for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify Adjusters
Asia of any unauthorized use of your password or account or any
other breach of security, and (b) ensure that you exit from your
account at the end of each session. Adjusters Asia cannot and will
not be liable for any loss or damage arising from your failure to
comply with this Section 4.
You understand that all information, data, text,
software, music, sound, photographs, graphics, video, messages or
other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which
such Content originated. This means that you, and not Adjusters
Asia, are entirely responsible for all Content that you upload,
post, email, transmit or otherwise make available via the Service.
Adjusters Asia does not control the Content posted via the Service
and, as such, does not guarantee the accuracy, integrity or quality
of such Content. You understand that by using the Service, you may
be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will Adjusters Asia be liable in any way
for any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise
make available any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
b. impersonate any person or entity, including, but not limited
to, an Adjusters Asia official or staff member;
c. upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any
law or under contractual or fiduciary relationships;
d. upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party;
e. upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," or any other form of solicitation
f. upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
g. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
h. intentionally or unintentionally violate any applicable local,
state, provincial, national or international law;
i. collect or store personal data about other users.
You acknowledge that Adjusters Asia does not pre-screen
Content or any other files uploaded or transferred on our web site.
Without limiting the foregoing, Adjusters Asia and its designees
shall have the right to remove any Content that violates the TOS
or is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that you may not rely on
any Content created by Adjusters Asia or submitted to Adjusters
Asia, including without limitation information in Adjusters Asia
Message Boards, and in all other parts of the Service.
You acknowledge and agree that Adjusters Asia
may preserve and disclose Content if required to do so by law or
in the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce
the TOS; (c) respond to claims that any Content violates the rights
of third-parties; or (d) protect the rights, property, or personal
safety of Adjusters Asia, its users and others.
You agree to indemnify and hold Adjusters Asia
and its subsidiaries, affiliates, officers, agents, partners and
employees harmless from any claim or demand, including attorneys'
fees, made by any third party due to or arising out of Content you
submit, post, transmit or make available through the Service, your
use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
You acknowledge that Adjusters Asia may establish
general practices and limits concerning use of the Service, including
without limitation the maximum number of days that files, message
board postings or other uploaded Content will be retained by the
Service, the maximum number of files that may be sent from or received
by an account on the Service, the maximum size of any file that
may be sent from or received by an account on the Service, the maximum
disk space that will be allotted on Adjusters Asia's servers on
your behalf, and the maximum number of times (and the maximum duration
for which) you may access the Service in a given period of time.
You agree that Adjusters Asia has no responsibility or liability
for the deletion or failure to store any files, messages and other
communications or other Content maintained or transmitted by the
Service. You acknowledge that Adjusters Asia reserves the right
to log off accounts that are inactive for an extended period of
time. You further acknowledge that Adjusters Asia reserves the right
to change these general practices and limits at any time, in its
sole discretion, with or without notice.
Adjusters Asia reserves the right at any time
and from time to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice. You agree
that Adjusters Asia shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service.
You agree that Adjusters Asia, in its sole discretion,
may terminate your password, user account (or any part thereof)
or use of the Service, and remove and discard any Content within
the Service, for any reason, including, without limitation, for
lack of use or if Adjusters Asia believes that you have violated
or acted inconsistently with the letter or spirit of the TOS. Adjusters
Asia may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice.
You agree that any termination of your access to the Service under
any provision of this TOS may be effected without prior notice,
and acknowledge and agree that Adjusters Asia may immediately deactivate
or delete your account and all related information and files in
your account and/or bar any further access to such files or the
Service. Further, you agree that Adjusters Asia shall not be liable
to you or any third-party for any termination of your access to
the Service.
The Service may provide, or third parties may
provide, links to other World Wide Web sites or resources. Because
Adjusters Asia has no control over such sites and resources, you
acknowledge and agree that Adjusters Asia is not responsible for
the availability 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 sites or
resources. You further acknowledge and agree that Adjusters Asia
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.
You should assume that everything you see or read
on the Site is copyrighted unless otherwise noted and may not be
used without the express written permission of Adjusters Asia.
You acknowledge and agree that the Service and
any necessary software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. You further
acknowledge and agree that Content or information presented to you
through the Service is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly
authorized by Adjusters Asia, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the Service
or the Software, in whole or in part.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ADJUSTERS ASIA
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. ADJUSTERS ASIA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY INFORMATION, OR OTHER MATERIAL THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM ADJUSTERS ASIA OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ADJUSTERS
ASIA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF ADJUSTERS ASIA HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THE SERVICE.
Notices to you may be made via either email or
regular mail.
Adjusters Asia may at any time revise the Terms
of Service by updating this posting. You are bound by any such revisions
and should therefore periodically visit this page to review the
then current Terms of Service to which you are bound.
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