This Agreement is divided into two parts. Part One explains all of the terms that govern your use of the Services. Part Two contains additional legal terms, including provisions that limit our liability to you and require individual arbitration for any potential legal dispute. To use the Services, you must accept all of the terms of this Agreement.
We have the right to change or add to the terms of this Agreement at any time by posting the amended Terms on WeRecover’s website or mobile applications (collectively, the “Site”). Any use of the Services after our publication of any such changes shall constitute your acceptance of the Terms as modified. However, any Dispute that arose before the modification shall be governed by the Terms (including the binding individual arbitration clause) that was in place when the Dispute arose.
Part One: Terms Governing Use of the Services and Site
THE SERVICES AND THE SITE ARE NOT AN EMERGENCY-RESPONSE OR EMERGENCY-MONITORING SERVICE AND ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH OR WHO MAY HARM THEMSELVES OR ANOTHER PERSON SHOULD DIAL “911” OR AN APPROPRIATE EMERGENCY RESPONDER. WERECOVER IS UNDER NO OBLIGATION TO MONITOR OR RESPOND TO COMMUNICATIONS MADE TO WERECOVER VIA THE SITE OR OTHERWISE.
The Services and the Site are intended and only suitable for individuals 18 years of age and above. Some of the content on the Site may not be appropriate for children. Children under the age of 13 are not permitted to use the Site or the Services. We strongly recommend that children between the ages of 13 and 17 ask their parent’s or guardian’s permission before viewing the Site. WeRecover hereby disclaims all liability for use by individuals under the age of 18.
Information on the Site is Not Professional Advice
All data, information, text, graphics, links, and other material on the Site are provided as a convenience to our Site visitors. The information provided on the Site is for general informational and educational purposes only. The information provided on the Site is not intended to serve as medical or other professional advice and is not to be used for diagnosis or treatment of any condition or symptom. Information provided on the Site does not constitute the provision or practice of medical or professional health care advice or services.
You should consult your physician or other qualified health care provider regarding any specific questions you may have. You should never disregard professional advice or delay in seeking treatment based on the information contained on the Site or other websites linked to or from it.
You may use the Site only to the extent that you obey all laws, rules, and regulations applicable to your use of the Site.
Responsibility for Payment of Healthcare Treatment Services
WeRecover is not responsible for any of your bills or costs related to any healthcare services you receive from healthcare treatment providers with which you choose to interact through the Services.
The Site is owned and operated by WeRecover. The entire contents and design of the Site are protected by U.S. and international copyright law. All rights regarding the Site and materials contained on the Site are either owned by WeRecover, are licensed to it, or are used with permission. WeRecover and its licensors retain and reserve all proprietary rights to the contents of the Site.
You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from WeRecover. You may link to, view, download, use, display and print a single copy of the materials found on the Site only for personal, noncommercial, and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with WeRecover or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright © [current year] WeRecover All Rights Reserved.” Any other use of the Site or the information contained therein is strictly prohibited. WeRecover may terminate the above license at any time for any reason. If you breach any of these terms your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using the Site, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.
Copyright Infringement – DMCA Notice
The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on the Site infringes a valid copyright owned by you, you (or your agent) may send WeRecover a notice requesting that the material be removed, or access to it blocked. This request should be sent to: email@example.com; or to: WeRecover, 100 Wilshire Blvd # 440, Santa Monica, CA 90401.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has 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 and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to the address above.
WeRecover names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of WeRecover. All rights are reserved. You are not authorized to use any WeRecover name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of WeRecover. All other trademarks appearing on the Site are the property of their respective owners.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Part Two: Additional Legal Terms
Representation and Warranties
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; and (b) your use of the Services and the Site will be in compliance with the Terms.
USE OF THE SERVICES AND SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WERECOVER OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WERECOVER, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
WERECOVER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WERECOVER WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
BY VISITING THE SITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS WERECOVER, AND ANY AFFILIATED WERECOVER ENTITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY “WERECOVER PARTIES”) FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, LOSSES, DAMAGES, TAX ASSESSMENTS, PENALTIES, INTEREST AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY CONTENT OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED WERECOVER OF THE POSSIBILITY OF SUCH CLAIM.
Limitation of Liability and Damages
THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND ANY OF ITS SERVICES IS TO STOP USING THE SITE OR SERVICE. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF WERECOVER PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, THE SITE OR THE MATERIALS ON THE SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact firstname.lastname@example.org with any dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. “Disputes” between you and WeRecover, including its processors, suppliers or licensors or their respective affiliates, agents, directors or employees, are defined for the purposes of the Terms to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and WeRecover including, but not limited to, any claims relating in any way to the Terms (including its breach, termination, or interpretation), any other aspect of our relationship, WeRecover advertising, and any use of WeRecover services.
Binding Individual Arbitration
You and WeRecover agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST WERECOVER. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by ADR Services, Inc. according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Los Angeles, California, or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, WeRecover will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and WeRecover also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction in the state courts in Los Angeles, California, or federal court for the Central District of California.
Information provided on WeRecover’s Site is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.
The Site is a service provided by WeRecover and does not constitute any contact with any jurisdiction outside the State of California. Use of the Site is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the Site illegal. Users in such jurisdictions visit and use the Site entirely at their own risk. Note: the essential parts of this Agreement include, without limitation, the exclusive remedy provisions and the warranty disclaimers.
This Agreement is entered into and performed in the State of California, United States of America. It is governed by and shall be construed under the laws of California, exclusive of any choice of law or conflict of law provisions. In any claim or action directly or indirectly arising under this Agreement or related to the California, each party irrevocably submits to the exclusive personal jurisdiction of the California State District Court sitting in Los Angeles County, California or of the United States Court for the District of California. Each party waives any jurisdictional or inconvenient forum objections to these courts.
Requests for Information
Limitation on Time to Initiate a Dispute
Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
Links to Other Websites
Downloadable Files and Email
WeRecover cannot and does not guarantee or warrant that email or files available for downloading from its Site will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. WeRecover does not assume any responsibility or risk for damage to your computer or its files related to your use of the Site.
Except as expressly provided in the Terms, these terms are a complete statement of the agreement between you and WeRecover, and they describe the entire liability of WeRecover and its vendors and suppliers and your exclusive remedy with respect to your access and use of the Site. In the event of a conflict between the Terms and any other WeRecover agreement or policy, the Terms shall prevail on the subject matter of the Terms. If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Headings are included for convenience only, and shall not be considered in interpreting the Terms. The Terms do not limit any rights that WeRecover may have under trade secret, copyright, patent, or other laws. WeRecover’s failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term.
You may not assign any rights or obligations under this Agreement without WeRecover’s prior written consent. WeRecover may assign all or part of this Agreement.
All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to, indemnity and limitation of liability clauses, shall survive.
No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method.
If any of the provisions of the Terms are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.
Entire Agreement; Amendment
The Terms constitute the entire agreement between you and WeRecover applicable to its subject matter. The Terms may not be modified except as described elsewhere in this Agreement.
Anything on the Site inconsistent or in conflict with the terms of the Agreement is superseded by the Terms.
Please contact us with any questions or concerns regarding the Terms at:
100 Wilshire Blvd # 440, Santa Monica, CA 90401
Phone: (310) 933-6373