TERMS OF USE

Last Updated: July 19, 2019

Who we are

Activer Solutions is a strategic service partner that provides business process outsourcing solutions to the property and casualty insurance industry. We can be reached by mail at 325 Donald Lynch Boulevard, Suite 115, Marlborough, Massachusetts 01752. We can be reached by telephone at +1 (833) 899-1041 or by e-mail at communcations@activersolutions.com. We own and operate this website, www.activersolutions.com (the “Website”).

The terms “we”, “us” and “our” used in these Terms of Use refer to Activer Solutions. The terms “you” and “your” refer to persons and businesses that visit this Website.

 About this Website

This Website is provided by us solely to provide customers with information about our products and services, and for no other purposes.

About these Terms of Use

Use of this Website is governed by the following Terms of Use. By using this Website, you agree to these Terms of Use  and agree that they control your use of the Website. If you do not agree with any part of these Terms of Use you may not access or use our Website.

These Terms of Use are a legal agreement that governs your access to and use of our Website.

PLEASE NOTE THAT THESE TERMS OF USE CONTAIN A DISPUTE RESOLUTION AND MANDATORY ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS REGARDING ANY DISPUTE YOU MAY HAVE WITH US.  BY USING OUR WEBSITE, YOU ARE AGREEING TO THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER.

Changes to these Terms of Use

We may modify, update, or remove portions of these Terms of Use at any time. The version of these Terms of Use that are in effect will always be posted on this Website. We will provide notice of any material changes by posting the revised Terms of Use with an updated “Last Updated” Date. If you object to any modification to the Website, your sole recourse is to cease using the Website. Your continued use of the Website following any modification will mean that you accept the changes. Please also note that these Terms of Use may be superseded by terms located on particular pages of this Website. Please return to this page periodically to review any changes.

Ownership of the Website

This Website and all content on this Website are owned exclusively by Activer Solutions and our licensors and are protected by United States and international trademark copyright laws. All copyright, trademark, and other proprietary rights used in this Website are reserved to Activer Solutions and our licensors. You acknowledge that the content available on this Website including, without limitation, text, graphics, software, photographs, and videos, is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted only a non-exclusive, non-transferable, revocable, limited license to view and use this Website for the sole purpose of learning about our products and services. You may not remove or obscure the copyright notice or other notices displayed on this Website. Except as expressly provided in this Agreement, nothing contained in these Terms of Use or this Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any trademark, copyright or other intellectual property rights owned by Activer Solutions. Any rights not expressly granted herein are reserved.

Authorized users

If you are using this Website on behalf of a company or other organization, then you represent that you have the legal authority to bind your company or organization to these Terms of Use.

You must be at least 18 years old hand have the legal power to enter into contract in order to access and use this Website. By using our Website, you confirm that you are at least 18 years old.     

Privacy

Activer Solutions values your trust. We try to use reasonable technical and administrative measures to protect your personal information. Unfortunately, no data transmission can be guaranteed to be 100% secure. If you have reason to believe that your personal data that you provide to us is not secure please immediately notify us at +1 (833) 899-1041 or by e-mail at communications@activersolutions.com so that we may try to address your concerns.

Any information you give us will be stored and used in accordance with our Privacy Policy. Please read our Privacy Policy on this Website so you understand exactly how we will be using and storing the information that you provide. By using our Website, you confirm that you understand and consent to the information collection, use, processed and disclosure practices described in our Privacy Policy. If you object to your information being collected, used, processed or disclosed in this way, please do not use our Website.

Prohibited activity

You may not use any device, software or routine that interferes, or attempts to interfere, with the normal operation of this Website, or take any action that imposes an unreasonable load on our equipment. You may not provide false information on this Website when ordering products. You may not misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You may not attempt to gain unauthorized access to this Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

You may not attack this Website via a denial-of-service attack or a distributed denial-of-service attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your mobile phone, computer equipment, computer programs or data due to your use of this Website.

You may not copy, download, reverse engineer, reproduce, distribute, transmit, sell, market or make any other use of the content provided on the Website other than to use it to view our product offerings and purchase products from us.

If you engage in any of these prohibited activities, we reserve the right to cancel your use of this Website, as well as pursue other legal remedies, and report your actions to applicable legal authorities.

Third party links

This Website may contain links to social media and third party websites. We do not endorse and are not responsible or liable for any such other websites or any content or materials thereon, including such sites’ availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such third party websites and you may be subject to any applicable third party Terms of Use. We will not be responsible for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your mobile phone, computer equipment, computer programs or data due to your use of any social media or website linked to this Website.

Disclaimers

Your use of this Website is at your own risk. Our website and its content are provided on an “as is” and “where available” basis. Except to the extent expressly provided for in these Terms of Use and as required under applicable law, we expressly disclaim all representations or warranties or conditions of any kind or nature whatsoever, whether express or implied, and whether arising by statute or otherwise in law, from a course of dealing or usage of trade, and including without limitation, any implied warranties or conditions, any condition or warranty of merchantability, title or non-infringement of third parties rights and any condition or warranty of fitness for a particular purpose. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the foregoing exclusions will apply to you only to the extent permitted by applicable law.

We make no representations or warranties that our website will be reliable, compatible with your computer, or complete or will be provided on an uninterrupted, timely, secure or error-free basis or that any errors can or will be corrected or that any products, content, data or the results derived therefrom will meet your requirements or expectations or that the website is free of computer viruses and other harmful elements.

Limitation of liability

By using this website, you agree to irrevocably waive any claim against Activer Solutions or our affiliates or our or their respective officers, directors, shareholders, employees and agents (collectively, the “Activer Solutions Parties”). The Activer Solutions Parties shall not be liable to you, or to any other person, for any losses, costs or damages of any kind or nature whatsoever (including without limitation special, exemplary, punitive, consequential, incidental or indirect damages) that are suffered or incurred in any connection with: (a) your use of this Website, (b) any content on this Website, (c) unavailability of the Website, (d) hacking, tampering or other unauthorized access or use of the Website or your personal information, (e) any loss of profits, loss of use of data, loss of other intangibles, loss of security of submissions, business interruption or other commercial damage or loss, or (f) any acts, omissions or failures of any third party however caused and regardless of the form or cause of action (including for breach of contract, tort, negligence, equity, strict liability, by statute or otherwise) and whether or not foreseeable, even if the Activer Solutions Parties have been informed in advance or ought reasonably to have known of the potential for such losses, costs or damages.

Your sole and exclusive remedy for any dissatisfaction with this Website is to stop using this Website.

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the foregoing limitations or exclusions may not apply to you. These Terms of Use give you specific legal rights, and you may also have other rights which vary from jurisdictions to jurisdiction. The exclusions and limitations of liability stated in these Terms of Use will not apply to the extent prohibited by applicable law.

In the event any of the foregoing limitations are determined to be unenforceable or invalid by a court of competent jurisdiction, in no event will the maximum aggregate liability of the Activer Solutions Parties to you exceed twenty five ($25.00) U.S. dollars.

INDEMNIFICATION

You agree to protect and indemnify the Activer Solutions Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by:

  • you personally, or anyone acting on your behalf, in excess of the limitations described above so long as those limitations are permitted by the laws of your state of residence;
  • third parties a result of your breach of these Terms of Use; or
  • third parties as a result of your violation of any law or the rights of a third party.

Termination 

Activer Solutions may terminate or suspend your use of this Website at any time without prior notice if we determine that you have violated or acted inconsistently with the spirit of these Terms of Use. Upon any such termination or suspension your right to use this Website will immediately cease. The “Disclaimers”, “Limitation of Liability” and “Indemnification” sections of these Terms of Use shall survive any such termination or suspension.

Digital Millennium Copyright Act (“DMCA”) Notice

We are committed to complying with copyright and related laws, and we require all users of the Website to comply with these laws. Accordingly, you may not store any material or content on the Website, or use the Website to disseminate any material or content that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

If you feel that material available over the Website constitutes a copyright infringement, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim. Please address any such claims to communications@activersolutions.com along with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Website;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property.

GENERAL TERMS OF USE

Entire Agreement

These Terms of Use and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms of Use or the documents referred to in them.

Assignment

Activer Solutions may transfer its rights and obligations under these Terms of Use to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms of Use to anyone else. These Terms of Use are personal to you and no third party claiming through you is entitled to benefit under these Terms of Use.

No Waiver

If we delay exercising or fail to exercise or enforce any right available to us under these Terms of Use, such delay or failure does not constitute our waiver of that right or any other rights we have under these Terms of Use or otherwise.

Force Majeure

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Website, or for any failure or delay by us to comply with these Terms of Use, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

Notices

All notices given by you to us must be sent to Activer Solutions at communications@Activer Solutions.com. Notice will be deemed received and properly served immediately when a confirming e-mail or other electronic communication is sent to you. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the e-mail address you provide in your customer agreement with us.

Severability

If any provision of these Terms of Use is found unenforceable, then that provision will be severed from these Terms of Use and not affect the validity and enforceability of any remaining provisions.

Interpretation

In these Terms of Use: (i) words denoting the singular include the plural and vice versa and words denoting any gender include all genders; (ii) all usage of the words “including” or “include” or the phrase “e.g.” in this Agreement shall mean “including, without limitation”; (iii) the division into separate Articles, Sections and Subsections and the insertion of headings is for convenience of reference only and shall not affect the construction or interpretation of these Terms of Use; (iv) words or abbreviations which have well-known or trade meanings are used herein in accordance with their recognized meanings; (v) if any action is required to be taken on a day which is not a business day, then such action shall be taken on the next business day; and (vi) the parties agree that the Agreement shall not be construed in favor of or against any party by reason of the extent to which any party or its professional advisors participated in the preparation of the Agreement.

Headings for Convenience Only

Any heading or subheading contained in these Terms of Use is solely for convenience of navigation and should not be used to interpret any specific provision.

No Relationship

Nothing contained in these Terms of Use or this Website shall be deemed or construed to have created a joint venture, partnership, independent contractor or employment relationship between Activer Solutions and you or any other person based on your use of the Website or purchasing products on the Website. Neither Activer Solutions nor you are authorized to act as an agent or legal representative of the other party or have any power or authority to bind of commit the other party.

ARBITRATION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH US, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

You acknowledge and agree that before initiating any claim against us, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to Activer Solutions at 325 Donald Lynch Boulevard, Suite 115, Marlborough, Massachusetts 01752, or by email to us at communications@activersolutions.com. You agree to negotiate with us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after our receipt of your written dispute, you agree to the dispute resolution provisions below.

All disputes arising out of, relating to, or in connection with these Terms of Use or your use of the Website that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and Activer Solutions are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through JAMS. JAMS’s rules are available at https://www.jamsadr.com. Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms of Use of Service. The arbitration will be conducted by a single arbitrator selected by JAMS. Arbitrations will be held in Boston, Massachusetts.

If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the JAMS Rules.

Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the JAMS Rules with the remainder paid by us. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules. In such case, you agree to reimburse Activer Solutions for all monies previously disbursed by it that are otherwise your obligation to pay under the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum’s rules, and these Terms of Use of Service. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Activer Solutions.

You and Activer Solutions waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and Activer Solutions elect to have claims and disputes resolved by arbitration. In any litigation between you and Activer Solutions over whether to vacate or enforce an arbitration award, you and Activer Solutions waive all rights to a jury trial and elect instead to have the dispute be resolved by a judge.

This agreement to arbitrate will survive the termination of your right to use this Website.

To the extent the parties are permitted under these Terms of Use of Service to initiate litigation in a court, both you and Activer Solutions agree that all claims and disputes arising out of or relating to the Terms or the use of the Products will be litigated exclusively in the federal and state courts located in Boston, Massachusetts. You and Activer Solutions consent to the personal jurisdiction of both courts.

In order to avoid irreparable injury to Activer Solutions, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting us from pursuing any other remedies available to us for such breach or threatened breach, including the recovery of monetary damages from you.

CLASS ACTION WAIVER

We each agree that any dispute resolution proceedings arising from any matter involving this Website or your use of this Website will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that we each agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

GOVERNING LAW

Except to the extent they are preempted by U.S. federal law, the laws of the Commonwealth of Massachusetts, without giving effect to its principles of conflicts of law, shall govern all disputes arising out of these Terms of Use.

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