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 firstname.lastname@example.org. We own and operate this website, www.activersolutions.com (the “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.
Ownership of the Website
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.
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 email@example.com so that we may try to address your concerns.
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
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.
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.
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 as a result of your violation of any law or the rights of a third party.
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 firstname.lastname@example.org 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.
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.
Headings for Convenience Only
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 email@example.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.
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.
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.
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.