Terms of Use Agreement Between Client and TCM

Privacy Policy

At Total Claims Management (TCM), client privacy is of utmost concern. We are committed to your privacy and security, and to providing you the best possible client experience. TCM from time to time may update this policy, so please check here frequently.

Terms of Use

Please read this agreement ("Agreement") carefully before accessing or using the totalclaimsmgt.com web site ("Site"). By accessing or using the Site, you agree to be bound by this Agreement. Total Claims Management Inc. (TCM) and its partners provide the information and services on this Site to you, the client, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site consititues your agreement to all such terms, conditions and notices. NOTE: THIS AGREEMENT APPLIES TO BOTH CLIENTS AND NON-CLIENTS OF webfreightclaims.com. IF YOU ARE A CLIENT, YOU ARE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE TO THE EXTENT NOT INCONSISTENT WITH OR NOT CONTRARY TERMS AND CONDITIONS OF YOUR CONTRACT WITH TCM AND ANY TRANSACTION RULES.

The information and services offered on the Site are provided with the understanding that neither TCM, nor its partners or clients are engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.

Total Claims Management Inc., totalclaimsmgt.com and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or mother material on this Site. While TCM strives to keep the information on this Site accurate, complete and up-to-date, TCM and its partners cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
Personal and Noncommercial Use Limitation: Prohibited Uses

You may access, download and print one copy of the publicly available materials on this Site for your own personal and internal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices or "screen scraping" or "database scraping" to obtain lists of users or other information. If and when requested by TCM, you agree to provide true, accurate and complete user information. You agree to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of TCM, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.

Proprietary Rights

All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted, licensed by, or used with permission by TCM, its affiliates or its suppliers. No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the prior written permission of Total Claims Management Inc.

No Unlawful or Prohibited Use

As a condition of your use of this Site, you warrant to TCM that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates.

Disclaimer of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THIS SITE AND THE SERVICE OFFERED AT THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TCM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, NCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) TCM MAKES NO WARRANTY THAT (i) THE SITE OR SERVICES WILL MEET YOUR RQUIREMENTS, (ii) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVIDE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOTAL CLAIMS MANAGEMENT (TCM) OR THROUGH OR FROM THE SITE OR ANY SERVICE OFFERED THERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TCM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR OTHER INABILITY TO USE THE SITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASES OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES.

Indemnification

You agree to indemnify, defend and hold harmless TCM Inc., its affiliates and partners from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.

Links to Third Party Sites

This Site may contain hyperlinks to web sites operated by parties other than TCM or its affiliates. Such hyperlinks are provided for your reference only. TCM does not control such web sites, and is not responsible for their content. Inclusion of hyperlinks by TCM to such web sites doesn't imply any endorsement of the material on such web sites or any association with their operations, and you access and use such sites, including information, material, products and services therein, solely at your own risk. Furthermore, because the TCM privacy policy is applicable only when you are on our Site, once linked to another web site, you should read that site's privacy policy before disclosing any personal information.

Links to This Site

You may only provide a hypertext link to this Site on another web site provided that (a) the link must be a text only link clearly marked http://www.totalclaimsmgt.com/; (b) the link must "point" to the "home page" URL (http://www.totalclaimsmgt.com/) and not to other pages within the Site; (c) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with webfreightclaims.com or with the Site; (d) the appearance, position, and other aspects of the link may not create the false appearance that the linking page, its owner, or any other entity is associated with or sponsored by TCM or the Site; and (e) the link, when activated by a user, must display the Site full screen and not within a "frame" on the linking web site. TCM reserves the right to revoke its consent to the link at any time in its sole discretion.

Use of Submissions

Except as otherwise set forth in the Client Agreement with respect to Clients, postings to and communication with the Site are not private. You grant TCM the unrestricted right to use, reproduce, modify, distribute, and display any materials you supply or communicate to the site (including your identity and information about you) for any purpose, including commercial uses, and to authorize others to do so. Any information you submit to TCM in any medium shall become the property of TCM and shall not be returned to you.

Changes to Site

Total Claims Management (TCM), its affiliates and/or its partners may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site, at any time without notice. TCM may modify this Agreement at any time, and such modifications shall be effective immediately upon positing of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.

Miscellaneous

This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of Arizona, without giving effect to any principles or conflicts of law. Failure by TCM and its affiliates to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site, services provided by TCM or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between TCM and/or its affiliates and you related to this agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Arizona, Country of United States.

Total Claims Management (TCM), totalclaimsmgt.com and other logos, products and service names are trademarks and service marks owned by or licensed to Alliance Inspection Management, Inc or its affiliates (the "Marks"). Without the prior written permission of TCM Inc., or its appropriate affiliates, you agree not to display or use in any manner, the Marks. All other trademarks are the property of their respective owners.