TERMS AND CONDITIONS OF USE
Last Updated: September 19, 2023
Welcome to the Premier Claims website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement. The Term of Use agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of www.premier-claims.com or www.premierclaims.com (the “Site”) and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Premier Claims, LLC upon posting of the modified Agreement. Any such modifications shall be effective immediately. Each use by you shall constitute and be deemed your conditional acceptance of this Agreement.
3. Ownership. All content, features, and functionality on this website, including but not limited to text, graphics, logos, icons, and the overall arrangement thereof, are the exclusive property of Premier Claims, LLC or its licensors. This content is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement or explicitly authorized by Premier Claims, LLC. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
Our website may contain links to third-party web sites or services that are not owned or controlled by Premier Claims, LLC. Premier Claims, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Premier Claims, LLC 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.
4. Intended Audience. The services and content provided by Premier Claims, LLC are intended for individuals who are at least 18 years of age or older. Our website and services are not designed to attract, engage, or be used by children under the age of 18. If you are under 18, you are not authorized to use this website or our services. Parents or guardians are advised to supervise their children’s online activities and consider using parental control tools to help provide a child-friendly online environment.
5. Description of Services. Our services at Premier Claims encompass a range of public adjusting activities, including but not limited to claims assessment, negotiation, and settlement on behalf of our clients. These services are conducted in strict compliance with applicable state laws and regulations governing public adjusting. For a comprehensive understanding of the legal landscape that governs our services, we strongly encourage you to review our Legal Disclaimer, which provides resources for all applicable laws and regulations in your state. You may review our Legal Disclaimer at www.premier-claims.com/legal-disclaimer.
6. Site Use. Premier Claims, LLC grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Premier Claims, LLC and Premier Claims, LLC may terminate your use of this website at any time.
7. Compliance with Laws. Users of the Site are expected to comply with all applicable local, state, and federal laws and regulations. This includes, but is not limited to, laws governing public adjusting, insurance claims, and data protection. Failure to comply with these laws may result in immediate termination of services and could lead to legal action. Premier Claims, LLC is not responsible for any user’s violation of applicable laws and reserves the right to cooperate with law enforcement agencies in the event of any illegal activity.
8. Indemnification. You agree to indemnify and hold Premier Claims, LLC, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Site.
9. Disclaimer. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. ANY SERVICE AND/OR INFORMATION PROVIDED BY THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PREMIER CLAIMS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PREMIER CLAIMS DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THIS WEBSITE OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PREMIER CLAIMS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PREMIER CLAIMS MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE, ANY SERVICE, OR ITS CONTENT. PREMIER CLAIMS MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE WEBSITE.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL PREMIER CLAIMS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
12. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:
By Mail: 11010 Burdette Street, Omaha, NE 68164
By Phone: (877) 219-0049
By E-mail: firstname.lastname@example.org
13. Applicable Law. You agree that the laws of the state of Nebraska, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Premier Claims, LLC or its affiliates.
14. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
15. Waiver. The failure of Premier Claims to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Premier Claims must be in writing and signed by an authorized representative of Premier Claims, LLC.
16. Termination. Premier Claims, LLC may terminate this agreement at any time, with or without notice, for any reason. Premier Claims, LLC reserves the right to terminate or suspend your access to our services and website at our sole discretion, without notice, for conduct that we believe violates these Terms & Conditions or is harmful to other users, us, or third parties, or for any other reason. Upon termination, you will no longer have access to the services provided by Premier Claims, and we may delete any information related to your account. Termination of your account may also result in legal action if you have violated any laws or these terms.
17. Relationship to Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.