Terms & Conditions
The submission of information to, and use of, the claims adjusting service (“Service”) available through the GOCIAI web site (located at http://www.GOCIAI.com) is subject to the following terms and conditions. BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user Adjuster/Carrier (“Adjuster/Carrier”) AGREE TO THE FOLLOWING TERMS AND CONDITIONS and represent and warrant that you have the right, power and authority to agree to and be bound by such terms. These Terms and Conditions are a legal agreement between you and GOCIAI, an operating division of Certified Independent Adjusters, Inc. (“GOCIAI” or the “Company”).
If you do not agree to these Terms and Conditions, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: General Manager, GOCIAI, 24307 Magic Mountain Parkway, suite 450 Valencia CA 91355. Company may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the GOCIAI website at http://www.GOCIAI.com
Company utilizes email as a vital and primary communication channel with Adjuster/Carriers. As a registered user, Adjuster/Carrier hereby acknowledges and grants Company permission to communicate with Adjuster/Carrier via email (as well as other communication channels such as phone and fax) for any purpose Company determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Company will use best efforts to honor Adjuster/Carrier’s request to opt out of marketing messages, but under no circumstances will Company have any liability for sending any email to its registered users/Adjuster/Carriers. Company assures Adjuster/Carrier that under no circumstances will it knowingly share personal and/or email information with any third party.
Adjuster/Carrier privileges are granted by CIAI exclusively and granted specifically to the Adjuster/Carrier only. Individual user rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone without the express written permission of CIAI. Company requires that each registered user maintain a valid email address or Member ID and a password, which shall be utilized for logging on to the GOCIAI system. Adjuster/Carriers are not permitted to share their individual logon information with others. Company has the right to refuse service to any member that refuses to abide by the terms and conditions herein or abuses their rights related to the GOCIAI service.
Submission and Administration of Claims
Adjuster/Carrier agrees not to submit any insured’s descriptions, photographs, financial, contact or other information contained in each insured’s claim to GOCIAI unless Adjuster/Carrier has received all necessary rights and authorizations. Adjuster/Carrier agrees not to submit any image to GOCIAI which contains inappropriate content. The Company may, in its sole discretion but without any obligation to search for such, remove or deny claims that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Adjuster/Carriers who are alleged to have submitted claims or other information in violation of this Agreement. Each claim submitted by Adjuster/Carrier to CIAI is permitted for claims adjusting only, which is the adjustment of Insurance claims. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Adjuster/Carrier who repeatedly or knowingly violates this Agreement. Adjuster/Carrier (a) represents and warrants that all Claims and associated information provided by Adjuster/Carrier will be accurate; (b) agrees that Adjuster/Carrier will not permit the submission of a claim to CIAI system under a name other than the named licensed carrier that has retained the account of the insured’s claim under the terms of a duly executed insurance agreement with the property owner.
Unsolicited Commercial Email (Spam)
Company prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Adjusters may not use the email services that Company offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. Company has the right to revoke the privileges of any Adjuster/Carrier or company that breaches these terms.
Ownership and License Grant (a)
Company retains all rights (including Intellectual Property Rights, as defined below), title and interest in the GOCIAI Web site and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Adjuster/Carrier will not and will not allow others via manual or automated means (including the use of any robot, spider or other automated process): reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Company’s technology or delete or alter author attributes or copyright notices. Adjuster/Carrier shall use the GOCIAI system solely for their own use and shall not allow others to use the GOCIAI system under or through that Adjuster/Carrier’s login ID/email and password. Further, Adjuster/Carrier shall not use Company products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.
Ownership and License Grant (b)
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF CLAIMS PROFITS, LOSS OF CLAIMS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF CLAIMS) ARISING OUT OF THIS AGREEMENT. Adjuster/Carrier’s exclusive remedy and Company’s entire liability under this Agreement shall be a refund to Adjuster/Carrier of the fees paid to Company hereunder, and in no event will Company’s liability for any reason exceed such fee. Company (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Adjuster/Carrier’s use of the Deliverables, and Adjuster/Carrier shall indemnify Company (and Company’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Adjuster/Carrier arising from Adjuster/Carrier’s use or application of the Services or the Deliverables.
THE CLAIMSAND SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. COMPANY MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE CLAIMSOR SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED STATES OF AMERICA, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.
Links to Third Party Sites
This Agreement, the Service and the Deliverables provided by Company shall be governed by the laws of the State of California, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Los Angeles County, California. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Adjuster/Carrier without the prior written consent of Company, which retains the right to withhold consent in its sole discretion. The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement. All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to General Manager at Company.
CIAI Membership Provisions
The following additional provisions of GOCIAI’s Terms and Conditions are specifically and only applicable to CIAI Membership:
CIAI Membership privileges are granted by Company to individuals exclusively and are granted specifically to the subscribing CIAI Member only. When choosing an “Carrier Login/Adjuster Login” which displays on the GOCIAI CIAI Directory, Adjuster/Carrier is indicating that Adjuster/Carrier is authorized to act as an intermediary for claims transactions in that state and county. CIAI members may not use a CIAI account to adjust claims when the CIAI member is an employee or owner of another Independent Adjusting Firm aid claims or when the CIAI employee of a Carrier. Standard CIAI membership accounts are limited to an individual Adjuster or Carrier. CIAI Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing CIAI Member without the express written permission of Company. CIAI Membership privileges are subject to change from time to time and may be subject to additional claims listing and searching limitations. Adjuster/Carrier acknowledges that Company (in addition to its other remedies) can cancel and prohibit CIAI Membership privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. Company also has the right to refuse service to any Adjuster/Carrier or company that has delinquent charges that remain unpaid and to impose.
Adjuster acknowledges that claims acquired from the GOCIAI web site are the property of the Carrier. Adjuster membership’s accounts are limited to no more than one account per adjuster at any given time. All claims must be processed and submitted in accordance with the Submission and Administration of Claims terms, as above. Company reserves the right, in its sole discretion, to remove any adjuster/carrier from its roster. Company reserves the right to remove claims that are deemed an illegal violation of the Submission and Administration of Claims terms.