e-xclaim Mobile Application
(Android Device Install)
The following terms and conditions (the “Terms”) are a binding legal agreement between you, as an individual or entity, and e-djuster Inc. (“e-djuster “). By clicking on the accept button or similar buttons or links as may be designated by e-djuster to show these terms and conditions and/or installing the e-xclaim mobile application (the “Application”) you agree to the Terms. If you are not willing to comply with the terms and conditions below, then you may not use the Application. Installation or use of the Application signifies that you have read, understood, and agree to be bound by the Terms.
The Terms incorporate by reference the Google Play Store Terms of Service http://play.google.com/intl/en_us/about/play-terms.html (the “Google Play Terms of Service”). Upon valid acceptance of the Terms, you agree and understand that you are bound by the Google Play Terms of Service.
- Use of Application. Once you download the Application onto your Android device (“Mobile Device”) and accept the Terms, you may use the Application You may use the Application only if you (i) are an authorized representative of the insurance carrier processing an insurance claim (“Claim”); or (ii) a policyholder of the insurance carrier processing the Claim, in each case using e-djuster’s e-xclaim pricing application (an “Authorized User”). If you are not an Authorized User then you are not authorized to use this Application and it should be removed from your Mobile Device (as defined below).
- License. e-djuster grants you a limited, terminable non-sublicensable, non-transferable, non-exclusive license to install and use the Application on any Mobile Device that you own or control solely: (a) for your personal use; and (b) as permitted by the Terms and the Google Play Terms of Service. The Terms will also govern any software upgrades provided by e-djuster that replace or supplement the original version of the Application you download, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
- Limited Use. You may not use the Application on any Mobile Device that you do not own or control. You may use the Application only to facilitate the processing of a Claim and/or creating lists of assets that are form part of the Claim, and not for any other purpose.
- Proprietary Rights, Restrictions. You acknowledge that e-djuster and its licensors retain all right, title and interest in and to the original, of the Application and of the software which is incorporated into the Application. Without limiting the generality of the foregoing, You agree not to: (a) submit any automated or recorded requests to the Application unless otherwise approved in writing by e-djuster and its licensors; (b) use the Application for anything other than as permitted pursuant to Section 3; (c) access the Application with software or means other than as permitted by the Application; (d) copy, reproduce, distribute, or in any other manner duplicate the Application or any software imbedded in the Application, in whole or in part; (e) sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights in the Application, in whole or in part; (f) modify, port, translate, or create derivative works of the Application; (g) decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms, of the Application by any means; (h) remove any proprietary notices, labels or marks from the Application; (i) use the Application for purposes of comparison with or benchmarking against products or Applications made available by third parties; or (j) knowingly take any action that would cause any Application or software imbedded therein to be placed in the public domain. Except for those rights expressly granted in the Terms, no other rights are granted, whether express or implied.
- Restrictions. You (a) shall only use the Application in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Application; (b) may not distribute or make the Application available over a network where it could be used by multiple devices at the same time; (c) shall not use reports or data generated through the Application for any purpose other than for the processing of the Claim; and/or (d) shall not attempt to damage or interfere with the Application or with access to or use of the Application by other Application users, nor introduce any viruses or other malware into the Application. Any attempt to do any of the foregoing is a violation of the rights of e-djuster and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The Terms will govern any upgrades provided by e-djuster that replace and/or supplement the original product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
- Speech Data. As part of the Application, e-djuster and/or its licensors collect and use Speech Data, as defined below, to tune, enhance and improve the speech recognition and other components of the Application, and other Applications and products, including the right to use data derived from Speech Data to develop statistical models used in acoustic and language models for speech recognition and other components of its software and Applications. In accepting the Terms, you acknowledge, consent and agree that e-djuster and/or its licensors may collect the Speech Data as part of the Application and that such information shall only be used by e-djuster and/or its licensors or third parties acting under the direction of e-djuster and/or its licensors, pursuant to confidentiality agreements, to tune, enhance and improve the speech recognition and other components of the Application, and other applications and products. e-djuster and/or its licensors will not use the information elements in any Speech Data for any purpose except as set forth above. “Speech Data” means the audio files, associated transcriptions and log files provided by you hereunder or generated in connection with the Application.
- Uploaded Data. As part of the Application, e-djuster and/or its licensors may collect and use Uploaded Data (as defined below) for the following purposes: (A) to develop, train, tune, enhance and improve the speech recognition, and/or other components of its software and applications and (B) to troubleshoot your problems. “Uploaded Data” means information relating to your information or preferences contained on or related to your device such as property claim and other insurance vocabulary.
- Usage Statistics. As part of the Application, e-djuster and/or its licensors collects and uses Usage Statistics, as defined below. You acknowledge, consent and agree that e-djuster and/or its licensors may collect Usage Statistics as part of the Application. Usage Statistics is used to help e-djuster and/or its licensors or third parties acting under the direction of e-djuster and/or its licensors, pursuant to confidentiality agreements, develop, build and improve its products and Applications. Usage Statistics is considered non-personal information, as Usage Statistics is in a form that does not permit direct association with any specific individual. “Usage Statistics” means information, other than Speech Data, collected by e-djuster and/or its licensors pertaining to your use of the Application.
- Acknowledgement. You acknowledge, consent and agree, through your use of the Application, to the collection and use by e-djuster and/or its licensors as set forth herein of Speech Data, Uploaded Data and Usage Statistics, including the transfer of both to Canada, the United States and/or other countries for storage, processing and use by e-djuster and/or its licensors and its third party partners. You acknowledge that Speech Data, Uploaded Data and Usage Statistics will be retained by e-djuster for that period which may be required by your insurance carrier and applicable law.
- Assignment to e-djuster. If you submit any comments or suggestions to e-djuster by means of the Application, you hereby assign to use all right, title and interest in and to such comments or suggestions.
- Your Representations and Warranties. By using the Application, you represent and warrant:
- you are 13 years of age or older;
- your use of the Application does not violate any applicable law or regulation;
- you have the right to and are able to enter into these Terms;
- you will not impersonate any other person or entity or permit third parties to use your copy of the Application;
- you will not use the Application to violate our or any other person’s rights including without limitation privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;
- you shall comply with all applicable third party agreements when using the Application, (including without limitation, your wireless service agreement and the Google Play Terms of Service); and
- you shall not use the Application in any manner that could impair any third party site, app or service in any way or interfere with any third party’s use or enjoyment of any site, app or service.
- Third Party Applications. The Application may from time to time provide links to third party products which may be used to help you to value the lost or damaged property. You understand that the provision of such links does not mean that e-djuster (a) endorses or supports any product, applications or content offered by that application, or (b) represents that information on a third party application is accurate, current or comprehensive. Any activities or transactions you may perform after linking to a third party website are at your own risk and e-djuster shall have no liability therefor. e-djuster, and its licensors, reserve the right to change, suspend, remove, or disable access to any third party application at any time without notice. In no event will e-djuster be liable for the removal of or disabling of access to any such third party applications. e-djuster may also impose limits on the use of or access to certain third party applications, in any case and without notice or liability.
- NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND E-DJUSTER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. E-DJUSTER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY E-DJUSTER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL E-DJUSTER OR ITS LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF E-DJUSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall e-djuster’s or its licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Availability. While e-djuster uses commercially reasonable efforts to maintain Application availability and protect data on the Application from damage, degradation or loss, you understand that e-djuster (a) does not guarantee either the availability of the Application or the secure retention of your data and (b) will not be responsible for any interruptions in Application availability or your use of the Application or any damage, degradation or loss of your data.
- Amendments. e-djuster may modify the Application and the Terms with notice to you either in email or by publishing notice on its website (available at http://www.e-djuster.com/e-xclaim-mobile-eula). In the event e-djuster modifies the Application or the Terms, you may terminate the Terms and cease use of the Application.
- TRADEMARKS. Third-party trademarks, trade names, product names and logos (the “Trademarks”) contained in or used by the Application are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner. The use of such Trademarks is intended to denote interoperability and does not constitute: (i) an affiliation by e-djuster and its licensors with such, or (ii) an endorsement or approval of such company of e-djuster and its licensors and its products or services.
- Export. You may not use or otherwise export or re-export the Application except with the consent of e-djuster and as authorized by Canadian and/or United States law. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or similar Canadian lists. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Application for any purposes prohibited by Canadian or United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. You acknowledge and agree that use, duplication, or disclosure of the Application by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(iii) of DFARS 252.227-7013 (The Rights in Technical Data and Computer Software) or subparagraphs(c)(1) and (2) of 48 CFR 52.227-19 (the Commercial Computer Software – Restricted Rights), as applicable.
- Indemnity. By accepting the Terms, you agree to indemnify and otherwise hold harmless e-djuster, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Application or any other matter relating to the Application.
- Termination. The Terms are effective until terminated by you or e-djuster. Your rights under the Terms will terminate automatically without notice from e-djuster if you fail to comply with any term of the Terms. In addition, e-djuster may terminate your use of the Application or the Terms at any time, with or without notice. Upon termination of the Terms, you shall cease all use of the Application, and delete or destroy all copies, full or partial, of the Application.
- Governing Law. The laws of the Province of Ontario, Canada, excluding its conflicts of law rules, govern the Terms and the license and your use of the Application. Your use of the Application may also be subject to other local, provincial, state, national, or international laws.
- Entire Agreement/No Assignment. The Terms, (including the terms incorporated by reference herein) constitutes the entire agreement between you and e-djuster regarding the Application. If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of the Terms will remain in full force and effect. You may not assign the Terms, and any assignment of the Terms by you will be null and void.