LRP TERMS OF SERVICE
Thank you for selecting the Services offered by Loss Run Pro, LLC, a Montana limited liability company, and/or its subsidiaries and affiliates (collectively referred to as "LRP", "we", "our", or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and LRP. By accepting electronically (for example, by clicking "I Agree" when subscribing to the Services or when e-signing a Loss Run Request), you agree to be legally bound by these terms. If you do not agree to this Agreement, then you may not use the Services or e-sign Loss Run Requests generated through the Services. “Loss Run Request” means a loss run request that is prepared or generated by or through the Services.
1. AGREEMENT
This Agreement describes the terms governing your use of the LRP software and other services provided to you on or through this website, including content, updates and new releases (collectively, the "Services"). It includes by reference:
a. LRP's Privacy Statement provided to you in the Services available on the website or provided to you otherwise.
b. Additional Terms and Conditions, which may include those from third parties.
c. Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
2. YOUR RIGHTS TO USE THE SERVICES
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by LRP. LRP reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, LRP grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
2.2You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
a. Provide access to or give any part of the Services to any third party.
b. Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
c. Make the Services available on any file-sharing or application hosting service.
3. PAYMENT
For Services offered on a payment or subscription basis, the following terms apply, unless LRP or its third-party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
3.1LRP may elect to use third-party billing and payment processing services in connection with the Services.
3.2Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
3.3You must pay with one of the following:
a. a valid credit card acceptable to LRP;
b. a valid debit card acceptable to LRP;
c. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due;
d. by another payment option LRP provides to you in writing.
3.4If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
3.5If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
3.6LRP will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement.
3.7Additional cancellation or renewal terms may be provided to you on the website for the Services.
4. CONTENT
4.1You are responsible for your content. You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. You grant LRP a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. LRP is not responsible for the Content or data you submit through the Services.
You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
a. illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
b. content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy;
c. except as permitted by LRP in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
d. virus, trojan horse, worm or other disruptive or harmful software or data; and
e. any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owners.
4.2LRP may freely use feedback you provide. You agree that LRP may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant LRP a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to LRP in any way.
5. E-SIGNATURES
“E-Signature Service” means the electronic signature service provided as part of the Services, which may include online display, delivery, acknowledgement, electronic signature, storage, and/or other elements related to the signature and delivery of Loss Run Requests via the internet. LRP’s provision of the E-Signature Service is conditioned on your acknowledgement of, and agreement to, the following:
5.1LRP Not Responsible for Carrier Responses. The E-Signature Service facilitates the preparation and execution of Loss Run Requests and delivery of such Loss Run Requests to insurance carriers. LRP is not an insurance carrier, does not respond to Loss Run Requests, has no control of insurance carriers’ policies regarding loss run requests, and has no control of insurance carriers’ responses to individual Loss Run Requests (a “Carrier Response”). LRP does not represent or warrant that any Loss Run Request will result in a timely, proper, accurate, or complete Carrier Response.
5.2Carrier Contact Information. Although LRP may provide a database of insurance carrier contact information for your convenience, LRP does not guarantee the accuracy of this information. You are solely responsible for ensuring that Loss Run Requests are delivered to the proper recipient(s) in accordance with the terms and conditions of carrier policies and any applicable regulations.
5.3Compliance with Laws and Regulations.You are solely responsible for compliance with applicable laws and regulations applicable to the provision of insurance services (including any regulations applicable to the delivery of Loss Run Requests) in the state in which you are doing business. LRP shall have no responsibility or liability with regard to your failure to comply with such laws and regulations.
6. USE OF DATA AND PERSONAL INFORMATION
6.1Use of Personal Information. For purposes of this Section 6, “Personal Information” means an insured party’s name, address, federal employer identification number, social security number, date of birth, telephone number, e-mail address, insurance policy number, and similar personal information of an insured party set forth in any Loss Run Request or in a Carrier Response. You agree to the applicable LRP Privacy Statement, and any changes published by LRP. LRP will take reasonable precautions not to share your Personal Information with third parties, except as necessary to provide the Services. Processing of payments for the Services and preparation and delivery of Loss Run Requests containing your Personal Information to insurance carriers are examples where your sharing your Personal Information is necessary to provide the Services.
6.2Use of Non-Personal Information. For purposes of this Section 6, “Non-Personal Information” means any data related to insurance claims and other data set forth in any Loss Run Request, Carrier Response, or any other source that can be extracted, aggregated, or used without reference to Personal Information. Without limiting any other provision of this Agreement providing LRP rights to use data, you give LRP permission to obtain, extract, aggregate, and use any Non-Personal Information in order to improve and market the Services, to develop, improve and market new products and services, to sell or license such data to third parties, and for any other purpose in LRP’s sole discretion.
7. ADDITIONAL TERMS
7.1LRP does not give professional advice. LRP is not in the business of providing legal, financial, insurance, business, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7.2We may tell you about other LRP services. You may be offered other services, products, or promotions by LRP. Additional terms and conditions and fees may apply. With some LRP services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant LRP permission to use information about your business and experience to help us to provide the LRP Services to you and to enhance the Services.
7.3Communications. LRP may be required by law to send you communications about the Services or third-party products. You agree that LRP may send these communications to you via email or by posting them on our website(s).
7.4You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact LRP if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
7.5Telephone Numbers. You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that LRP may use your telephone number for "multi-factor authentication" ("MFA"), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve LRP sending text messages containing security codes to your telephone number. You agree to receive these texts from LRP containing security codes as part of the MFA process. In addition, you agree that LRP may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services.
8. DISCLAIMER OF WARRANTIES
8.1Your use of the Services, software, and Content is entirely at your own risk. Except as described in this agreement, the Services are provided "as is." to the maximum extent permitted by applicable law, LRP, its affiliates, and its third party providers, licensors, distributors or suppliers (collectively, "Suppliers") disclaim all warranties, express or implied, including any warranty that the services are fit for a particular purpose, title, merchantability, data loss, non- interference with or non-infringement of any intellectual property rights, or the accuracy, reliability, quality or content in or linked to the Services. LRP and its affiliates and Suppliers do not warrant that the services are secure, free from bugs, viruses, interruption, errors, theft or destruction. If the exclusions for implied warranties do not apply to you, any implied warranties are limited to sixty (60) days from the date of purchase or delivery of the services, whichever is sooner.
8.2LRP, its affiliates and Suppliers disclaim any representations or warranties that your use of the Services will satisfy or ensure compliance with any legal obligations or laws or regulations.
9. LIMITATION OF LIABILITY AND INDEMNITY
9.1To the maximum extent permitted by applicable law, the entire liability of LRP, its affiliates and Suppliers for all claims relating to this agreement shall be limited to the amount you paid for the Services during the twelve (12) months prior to such claim. Subject to applicable law, LRP, its affiliates and Suppliers are not liable for any of the following: (a) indirect, special, incidental, punitive or consequential damages; (b) damages relating to failures of telecommunications, the internet, electronic communications, corruption, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits or investment, or use of software or hardware that does not meet LRP systems requirements. The above limitations apply even if LRP and its affiliates and suppliers have been advised of the possibility of such damages. This agreement sets forth the entire liability of LRP, its affiliates and your exclusive remedy with respect to the services and its use.
9.2You agree to indemnify and hold LRP and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). LRP reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by LRP in the defense of any Claims.
10. CHANGES
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
11. TERMINATION
LRP may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services effective immediately, in whole or in part, for suspicion of fraud, security, illegal activity or unauthorized access issues to protect the integrity of our Services or systems and comply with applicable LRP policy, or if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect LRP's rights to any payments due to it. LRP may terminate a free account at any time. Sections 2.2 and through 15 will survive and remain in effect even if the Agreement is terminated.
12. EXPORT RESTRICTIONS
You acknowledge that the Services, including the mobile application, delivered by LRP are subject to restrictions under applicable US export control laws, including US trade embargoes and sanctions and security requirements, and applicable country or local laws to the extent compatible with US laws. You agree that you will comply with these laws and regulations and will not export, re-export, import or otherwise make available products and/or technical data in violation of these laws, directly or indirectly.
13. GOVERNING LAW
Montana state law governs this Agreement without regard to its conflicts of laws provisions.
14. DISPUTES
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Montana law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. We each agree that any and all disputes must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. By entering into this agreement and agreeing to arbitration, you agree that you and LRP are each waiving the right to file a lawsuit and the right to a trial by jury. In addition, you agree to waive the right to participate in a class action or litigate on a class-wide basis. You agree that you have expressly and knowingly waived these rights.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to LRP in care of our registered agent. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA's rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules, but if you are unable to pay any of them, LRP will pay them for you. In addition, LRP will reimburse all such fees and costs for claims totaling less than
$75,000 unless the arbitrator determines the claims are frivolous. Likewise, LRP will not seek its attorneys' fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section shall survive expiration, termination or rescission of this Agreement.