TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, USER HEREBY AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS ARE HEREBY INCORPORATED BY REFERENCE. IT IS THE RESPONSIBILITY OF THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF USER DOES NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF AUGUST 1, 2019.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement is a legally binding agreement that shall govern the relationship with our Users and others which may interact or interface with Hancock Claims Consultants LLC, also known as Hancock, located at 6875 Shiloh Rd E, Alpharetta, Georgia 30005 and our subsidiaries and affiliates, in association with the use of the Hancock website, which includes www.hancockclaims.com, (the "Site") and its Services, which shall be defined herein. By clicking on and checking the box User is accepting these Terms and Conditions of the Terms of Service Agreement referenced herein; and, as to the use of the Payments option, User is also acknowledging and agreeing that the Services rendered to User by Hancock were performed satisfactorily. ?
REFUND POLICY OF CREDIT CARD PROCESSING OF PAYMENTS FOR HANCOCK SERVICES RENDERED
Since our Services have been fully completed, and User is simply paying for those Services, we do not issue refunds after payment. If User is not completely satisfied with the Services, please contact Customer Service at (770) 569-1669.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is one which provides a list of services, company overview and payment options to allow easy interaction between Hancock and its Customers or Users.
Any and all visitors to our site shall be deemed as "Users" of the herein contained Services provided for the purpose of this Terms of Service Agreement.
The User acknowledges and agrees that the Services provided and made available through our website and its applications, which may include some payment applications are the sole property of Hancock Claims Consultants LLC. At its discretion, Hancock Claims Consultants LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Hancock Claims Consultants LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. User, as the end User acknowledge, accept and agree that Hancock Claims Consultants LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. User’s continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute User’s acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by User to ensure User is aware of all terms and policies currently in effect. Should User not agree to the updated, revised or modified terms, User must stop using the provided Services immediately.
Furthermore, the User understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Hancock Claims Consultants LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store User content, communication or personalization settings.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network User hereby agrees to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States. Through the use of our network, User thus agrees to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations, as well as the sanctions control program of the United States. Furthermore, User states and pledges that User:
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Hancock Claims Consultants LLC shall not lay claim to ownership of any content submitted by any visitor or User, nor make such content available for inclusion on our website Services. Therefore, User hereby grants and allows for Hancock Claims Consultants LLC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
CONTRIBUTIONS TO COMPANY WEBSITE
Hancock Claims Consultants LLC provides an area for our Users to contribute feedback to our website. When User submits ideas, documents, suggestions and/or proposals ("Contributions") to our site, User acknowledges and agrees that:
All Users herein agree to insure and hold Hancock Claims Consultants LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a User of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Hancock Services or User’s connection with these Services, User’s violations of the Terms of Service and/or User’s violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The User herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Hancock's sites.
Hancock Claims Consultants LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to User or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Either Hancock Claims Consultants LLC or any third parties may provide links to other websites and/or resources. Thus, User acknowledges and agrees that Hancock is not responsible for the availability of any such external sites or resources, and as such, Hancock does not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, User acknowledges and agrees that Hancock Claims Consultants LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
User does hereby acknowledge and agree that Hancock Claims Consultants LLC's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, User herein acknowledges and agrees that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Hancock Claims Consultants LLC or such applicable licensor, User agrees not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Hancock Claims Consultants LLC Services (e.g. Content or Software), in whole or part.
Hancock Claims Consultants LLC herein has granted User personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as User does not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, User does herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, User also agrees not to access or attempt to access our Services through any means other than through the interface which is provided by Hancock Claims Consultants LLC for use in accessing our Services.
USER HEREIN EXPRESSLY ACKNOWLEDGES AND AGREES THAT:
LIMITATION OF LIABILITY
USER EXPLICITLY ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT HANCOCK CLAIMS CONSULTANTS LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO USER FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
In the event User has a dispute, User agrees to release Hancock Claims Consultants LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO USER.
THIRD PARTY BENEFICIARIES
User herein acknowledges, understands and agree, unless otherwise expressly provided in this Terms of Service Agreement, that there shall be no third-party beneficiaries to this agreement.
Hancock Claims Consultants LLC may furnish User with notices, including those with regards to any changes to the Terms of Service Agreement, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if User violates any aspects of the Terms of Service Agreement by accessing our Services in an unauthorized manner. User’s acceptance of this Terms of Service Agreement constitutes User’s agreement that User is deemed to have received any and all notices that would have been delivered had User accessed our Services in an authorized manner.
User herein acknowledges, understands and agrees that all of the Hancock Claims Consultants LLC trademarks, copyrights, trade names, service marks, and other Hancock Claims Consultants LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Hancock Claims Consultants LLC. User herein agrees not to display and/or use in any manner the Hancock Claims Consultants LLC logo or marks without obtaining Hancock Claims Consultants LLC's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
Hancock Claims Consultants LLC will always respect the intellectual property of others, and we ask that all of our Users do the same. With regards to appropriate circumstances and at its sole discretion, Hancock Claims Consultants LLC may disable and/or terminate the accounts of any User who violates our Terms of Service Agreement and/or infringes the rights of others. If User feels that User’s work has been duplicated in such a way that would constitute copyright infringement, or if User believes User’s intellectual property rights have been otherwise violated, User should provide to Hancock the following information:
The Hancock Claims Consultants LLC Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Hancock Claims Consultants LLC
Attn: Stephen D. Kane, General Counsel
6875 Shiloh Rd East
Alpharetta, Georgia 30005
Telephone: (470) 231-3067
BE IT KNOWN, that Hancock Claims Consultants LLC complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at www.hancockclaims.com.
This Terms of Service Agreement constitutes the entire agreement between User and Hancock Claims Consultants LLC and shall govern the use of our Services, superseding any prior version of this Terms of Service Agreement between User and Hancock with respect to Hancock Claims Consultants LLC’s Services. User may also be subject to additional terms and conditions that may apply when User uses or purchases certain other Hancock Claims Consultants LLC Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both User and Hancock Claims Consultants LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Georgia without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Terms of Service Agreement, or the relationship between User and Hancock Claims Consultants LLC, shall be filed within the courts having jurisdiction within the County of Fulton, or the U.S. District Court located in Atlanta, Georgia. User and Hancock Claims Consultants LLC agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Hancock Claims Consultants LLC fail to exercise or enforce any right or provision of the Terms of Service Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Terms of Service Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service Agreement remain in full force and effect.
LIMITATION OF ACTIONS
To the extent not prohibited by applicable law, Users agree and understand that any legal action against Hancock arising out of services rendered to User by Hancock Claims Consultants LLC, including, without limitation, payment for such services through Hancock’s website must be instituted within two (2) years from the date of any such claim or cause of action arising or shall be forever barred.
Please report any and all violations of this Terms of Service Agreement to Hancock Claims Consultants LLC as follows:
Attention: Stephen D. Kane, Executive Vice President and General Counsel;
Hancock Claims Consultants LLC
6875 Shiloh Rd East
Alpharetta, Georgia 30005
Telephone: (470) 231-3067