Terms of Service

The gist:

We, the folks at Independent-Adjuster.com, manage and own this blog and website.  We would love for you to use it and contribute your professional opinion of all things related to the business of insurance claim adjusting. We offer this opportunity at no cost to you (absolutely free) and in return you will receive at least one inbound link to your business, person, or website, so long as it is relevant to the article you submit and meets the “Responsibility of Contributors” described within these Terms of Service. We offer paid upgrades for other advertising on the site, but you are under no obligation to purchase for using or contributing to the site, and we will not ask for any of your personal payment information unless you have expressly agreed (on paper) to purchase advertising services. Our service is designed to give you as much control and ownership over what goes on our site as possible and encourage you to express yourself freely. However, you should be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).

You can read other posted opinions to get a sense of the types of information we welcome on our site.  Please note the examples on that page are not a complete example of all works that we will consider and accept.

Creative Commons License

(Note, we’ve adapted the Terms of Service under a Creative Common Sharealike license made available through WordPress.com, which means you’re more than welcome to steal it and re-purpose it for your own use, just make sure to replace references to us with ones to you. WordPress.com would appreciate a link to them somewhere on your site. They spent a lot of money and time on the terms below, and other people shouldn’t need to do the same.

Terms of Service:

The following terms and conditions govern all use of the Independent-Adjuster.com website (“Site”, site, website) and all content, services and products available at or through the website, including, but not limited to, and advertisement agreement.  The site is for informational purposes only and this website does not provide legal advice to users (you) or readers.  We recommend you seek professional assistance from a licensed attorney for legal matters or concerns. This site operates as a provider of information, resources, news, and opinion for a broad range of topics, and operates in a manner consistent with the Communications Decency Act of 1996, as amended, unless such law is overridden by any other law captioned hereinafter or applicable to these Terms.

The Website is managed and owned by Crimaldi Services (“Manager”, “Owner”, CS). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this Site the owner.

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by the owner, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your Independent-Adjuster.com Account. If you create or submit content on (or to) the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your content. You must not describe or assign keywords to your content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and the Manager may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause the Manager or Owner liability. You must immediately notify the Manager of any unauthorized uses of your blog, your account or any other breaches of security, and can submit such information via e-mail to contact@independent-adjuster.com. Neither Manager nor Owner will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.  The user nickname name associated with your account must not be an e-mail address, such as joe@insuranceclaimadjuster.com, any may only contain the name of a person.
  2. Responsibility of Contributors.If you submit content to the Website, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
    • your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
    • your content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your contents URL or name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by the Manager or otherwise.

    By submitting Content for inclusion on the Website, you grant Independent-Adjuster.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content, Independent-Adjuster.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, Manager or Owner has the right (though not the obligation) to, in their sole discretion (i) refuse or remove any content that, in the Managers reasonable opinion, violates any Independent-Adjuster.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Content to any individual or entity for any reason, in the Managers sole discretion. Manager will have no obligation to provide a refund of any amounts previously paid.

  3. Responsibility of Website Visitors.The site, manager(s) and/or owner(s) has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Manager or Owner does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Manager and Owner disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Independent-Adjuster.com links, and that link to Independent-Adjuster.com. Manager and Owner does not have any control over those non-Independent-Adjuster.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-Independent-Adjuster.com website or webpage, Manager and Owner does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Manager and Owner disclaims any responsibility for any harm resulting from your use of non-Independent-Adjuster.com websites and webpages.
  5. Copyright Infringement and DMCA Policy. As Automattic asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Independent-Adjuster.com violates your copyright, you are encouraged to notify Manager and Owner, and/or Site in accordance with Manager and Owners Digital Millennium Copyright Act (“DCMA”) Policy. Owner will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Manager will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Manager, Owner, or others. In the case of such termination, Owner will have no obligation to provide a refund of any amounts previously paid to Manager or Owner.
  6. Intellectual Property. This Agreement does not transfer from Manager or Owner to you any Manager, Owner, or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Owners, Manager, and Independent-Adjuster.com.  Independent-Adjuster.com and all other trademarks, service marks, graphics and logos used in connection with Independent-Adjuster.com, or the Website are trademarks or registered trademarks of the owner, manager, or their licensees. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Independent-Adjuster.com, owner, manager, or third-party trademarks.
  7. Reservation for advertisements.  Owner and manager reserves the right to display advertisements on your content unless you have purchased an Ad-free Upgrade.
  8. Changes. Manager, Owner, and Site reserve the right, at their sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Manager and Owner may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  9. Termination. Manager and Owner may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Independent-Adjuster.com account (if you have one), or any content you submit, you may simply discontinue using the Website. Notwithstanding the foregoing, if you have ad free-upgrade account, such account can only be terminated by Owner if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Owners notice to you thereof; provided that, Owner can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  10. Disclaimer of Warranties. The Website is provided “as is”.  Managers, Owners and suppliers, and licensors, hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Independent-Adjuster.com, its managers or owners, nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  11. Limitation of Liability. In no event will managers, owners, site, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to under this agreement during the twelve (12) month period prior to the cause of action.  Manager and owner shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  12. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Manager and Owner Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  13. Indemnification. You agree to indemnify and hold harmless Manager, Owner, Site, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  14. Miscellaneous. This Agreement constitutes the entire agreement between Manager, Owner, and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Manager or Owner, or by the posting by Manager or Owner of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Colorado, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Denver County, Colorado. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Denver, Colorado, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Automattic may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
  15. Affiliate Marketing Disclosure.  Unless overridden by statements contained in the foregoing disclosure and agreement of these Terms, we may place advertisements from companies that we affiliate with.  We may participate in affiliate marketing.
  16. Word Length of Content you Publish on our site.  The site manager reserves the right to limit the length of any single article which you publish on our site to a maximum of 2,000 words.  In certain cases, we may allow longer articles to be published by way of asking you to break up content you author into a series of articles for easier reader and search engine consumption.

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