General Terms

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Posting Fee Refund Guarantee

Our goal is to help you resolve your complaint in a constructive and timely manner. We will issue a 100% no-questions-asked refund of your posting fee at your request if your posted claim is not resolved after 90 days. In general, posting would occur 10 days after filing (or later depending on what you specified in your claim). We cannot refund charges for Premium services such as postal delivery options or copying claims to regulators, watchdogs, and media.

Claim posting fees for claims made in error, claims withdrawn prior to posting, and claims filed through PeopleClaim.com but resolved outside our system (whether or not use of PeopleClaim was the motivating factor in settlement) are not refundable.

Refunds are processed within two weeks of request. Note: Upon receiving a request we reserve the right, but not the obligation, to withdraw any or all publicly posted claim information from the PeopleClaim Registry. In most cases such information will be removed from the Registry within 90 days of your request for a refund.

Users should contact us with any questions about refunds or our Guarantee.

Please review the following specific terms of use prior to using the site. Note that by using our service you agree to indemnify and hold PeopleClaim harmless for any unauthorized or illegal use of this site. By using PeopleClaim.com you agree to the following:

Your access to and continued use of this website constitutes your acceptance, without limitation, of these policies and disclaimers. The following describes the Terms of Use on which we offer you the information (including the intellectual property), services and products on our website and related web pages (collectively, the "Services"). We reserve the right to modify, amend or restate the Terms of Use from time to time with or without prior notice. Your use of this website and any services will constitute your acceptance of the Terms of Use as modified.

Terms of Use Supersede Other Communications

The Terms contained in this Agreement represent the complete statement of our policies and supersede any statements or communications found in other parts of PeopleClaim.com, in promotional material, or elsewhere.

Use Constitutes Acceptance

Your access to and continued use of this website constitutes your acceptance, without limitation, of these policies and disclaimers. The following describes the Terms of Use on which we offer you the information (including the intellectual property), services and products on our website and related web pages (collectively, the "Services"). We reserve the right to modify, amend or restate the Terms of Use from time to time with or without prior notice. Your use of this website and any services will constitute your acceptance of the Terms of Use as modified.

Use of this Website

You represent that you have read and agree to be bound by the Terms of Use, including all limitations of liability included herein. You further agree to comply with U.S. or other applicable law (including that of your local jurisdiction) regarding the transmission of any information obtained from the services in accordance with the Terms of Use; not to use the services for illegal purposes (including spamming or misrepresentation of yourself or your affiliates); and not to interfere or disrupt the networks connected to the services.

Claim Content

You understand and agree that all content submitted by you including but not limited to statements of claim, documentation, materials, responses to claims, text, files, photos, videos, and other content (“Content”), are accurate and honest to the best of your knowledge and ability. You understand that all Content on PeopleClaim.com is the sole responsibility of the person from whom the Content originated. You understand that you are entirely responsible for any Content you post or email via PeopleClaim. You understand that PeopleClaim does not control and is not responsible for Content produced through the Claims Process, and that PeopleClaim will not be liable in any way for any Content or for any loss or damage of any kind incurred as a result of any Content. You acknowledge that PeopleClaim does not pre-screen or approve Content.

You understand and agree that Content you post is made in good faith to resolve disputes and not posted for any other purpose, including but not limited to marketing, promotion, or malicious use or intent. You hold PeopleClaim.com harmless for any damages resulting from use of PeopleClaim.com, and assume all responsibility and liability for information and content submitted by you to the claim and/or claim response.

Limitations re Publicly Posted Claims

Posted claims are automatically removed from the PeopleClaim Registry after settlement. Un-posting can also be initiated any time via claimant request through the Account Center. Though executed by the automated system, un-posting a claim is not instantaneous and may involve a time lag of 24 hours or more. Claims initiated on PeopleClaim.com that are resolved outside our system must be reported to PeopleClaim by you (via the Account Center or your direct request to us) in order to be removed from the Registry. As a matter of policy, PeopleClaim.com will accept only a request by the claimant or settlement confirmation by the claimant to unpost a claim. PeopleClaim does not respond to requests to remove, edit, or review any content posted by claimants, respondents, or third parties engaged by the claimant who may comment about claims on the site. The only exceptions are if such action is required by court order; if it is in response to matters of national security; or, in certain cases, if it is necessary for the protection of a minor..

You understand and agree we can make no warranty that claims removed from the PeopleClaim Registry will cease to exist on the Internet. All or part of your claim may remain accessible in search engine archives, or on any sites that have republished it. PeopleClaim.com bears no responsibility for any information contained in your posted claim, or for consequences of the continuing existence of such information on the Internet after your claim has been removed from the PeopleClaim Registry.

Settlement No Admission of Guilt

You understand and agree that in using the PeopleClaim system disputing parties agree that any and all communications including, but not limited to, descriptions of incidents leading up to claims, claim details or backgrounds, proposed terms of settlement, and any other communications between the parties conveyed or posted in the process of filing, responding to, or negotiating a claim, are not in any way admissions of guilt or liability. Agreement to settle a dispute on PeopleClaim extends only to the specific terms of settlement and not to other issues communicated between the parties. Furthermore, by responding to a PeopleClaim offer to settle, the parties acknowledge NO agreement to any additional statements of the claim beyond affirmative agreement, if any, to mutually accepted terms of settlement.

PeopleClaim Resolution and Release of Obligation

Parties using the PeopleClaim system to resolve disputes understand that agreement to a claim's Terms of Settlement is binding and that each party agrees to release the other from further obligation upon fulfillment of the Terms and refrain from further action in the matter.

Restrictions on Use

You may not use the services for any illegal purposes or in any manner inconsistent with the Terms of Use. You agree to use the services solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree to promptly notify us upon becoming aware of any unauthorized access or use of the services by any party, or any claim that the services infringe upon any copyright, trademark or other contractual, statutory or common law rights.

Further Restrictions on Use

You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of the service, with this exception: you may download material from the service and/or make one print copy for your own personal noncommercial use, provided that you retain all copyright and other proprietary notices.

You may not use the services in any way to improve the quality of any data sold or contributed by you to any third party. Furthermore, you may not use any of our trademarks, trade names or service marks in any manner which creates the impression that such names and marks belong to or are associated with you or are used with our consent, and you acknowledge that you have no ownership rights in and to any of these names and marks.

You will not use the services or the information contained therein in unsolicited mailings or spam material. You will not use any of our trademarks, trade names or service marks in unsolicited mailings or spam material.

You will not spam or send unsolicited mailings to any person or entity using the services. You agree to comply with any other applicable terms of use.

Interest Calculation Disclosure

PeopleClaim allows you to add interest to the terms of claims. The interest is calculated based on the standard American compounded interest formula calculated as follows:

The compounded daily rate (CDR) is derived from the interest rate you enter, divided by 100, divided by 365, plus one; (Interest Rate/100/365) +1. The interest amount is then derived from the following formula: (Dollars/CDR) raised to the power of the number of days that interest has been accruing.

By using this system, you agree to hold PeopleClaim harmless for any possible miscalculations made by our application, problems with our technology, or or yourself. We strongly advise that you check all interest calculations and also the tax and interest laws of your jurisdiction (or those with which you are doing business), tax and interest laws, including standards of business transactions in said localities.

Intellectual Property

This website contains content derived in whole or in part from materials supplied by us and various other sources. This website, including but not limited to its text, logos, content, photographs, animations, video, audio, software, interface design, methods, and graphics (the "intellectual property"), is protected by copyrights, trade and service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The intellectual property is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the services are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the services.

If you would like to make copies and/or distribute certain information, please contact us at support@peopleclaim.com.

No License Granted

You acquire absolutely no rights or licenses in or to the services and materials contained therein other than the limited right to utilize the services in accordance with the Terms of Use. Should you choose to download content from the services, you must do so in accordance with the Terms of Use. Such download is licensed to you by us only for your own personal noncommercial use in accordance with the Terms of Use and does not transfer any other rights to you.

Accuracy Disclaimer re All Website Content

PeopleClaim.com functions solely as an Internet service provider; not as content provider or publisher. We do not warrant or guarantee the accuracy, quality, completeness, currency, or validity of any information on the website, linked from the website, or included as an exhibit or attachment on any claim. We have no discretion oversight and we accept no responsibility as to the terms, background, or validity of any information provided by either the claiming or responding party—or by any third parties engaged by a claimant to help resolve a claim. Excepting content of the claims themselves, information on this website has been obtained from sources believed by us to be accurate and reliable. Any ads, press releases, and newsletters are provided by the identified organizations, which are responsible for their content. We do not edit or control the information we receive, although we may note obvious errors that have been discovered. Due to the possibility of human and mechanical error, we are not responsible for any errors or omissions.

Disclaimer and Limitation of Liability

We endeavor to maintain the highest professional quality of the services offered at PeopleClaim.com, and may make changes or improvements at any time. However, we cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this website. We will not be liable for any damages or injury, including but not limited to special or consequential damages that result from any failure of performance, interruption, delay in operation or transmission, computer virus, defect, error, omission, or inaccuracy; the use of, or the inability to use, the materials in the services even if there is negligence by us or an authorized representative of us; and the user is hereby advised of the possibility of such damages. To the extent that applicable law may not permit the limitation or exclusion of liability for incidental or consequential damages, the above limitation or exclusion may not apply to you. Our total liability to you for all losses, damages, and causes of action in contract or tort (including without limitation, negligence or otherwise) will not exceed the amount you paid us to access the services.

Rights Reserved

All present and future rights in and to the intellectual property and other proprietary rights of us of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the services (the "intellectual property Rights") shall, as between you and us, at all times be and remain the sole and exclusive property of us. All present and future rights in and title to the services (including the right to exploit the services and any portions of the services via any present or future technology) are reserved to us for our exclusive use. Except as specifically permitted by the Terms of Use, you may not copy or make any use of the services or any portion thereof.

We reserve the right to deny you access to this website and the software, technologies, and data contained within this website at any time based on our sole discretion.

Indemnification

You agree, to the extent permitted by applicable law, to indemnify and hold us, our officers, directors, owners, agents and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the services, the violation of these Terms of Use by you, or the infringement by you, or other user of the services using your computer, of any intellectual property or other right of any person or entity. This applies to consequences resulting from the contents of any claim you file using the system, including but not limited to any misrepresentation of facts. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Privacy Policy

PeopleClaim.com operates a secure site, which assures your privacy to the extent possible within the limits of our applications and technology, and the parts of the resolution process under our control.

The personal information you provide to establish membership or a user account is safe from hackers, and employees with access to data are required to keep all user information strictly confidential. As a matter of policy we do not allow our users' names and contact information to be rented, sold, loaned, or otherwise disclosed to any third party for any purpose. We employ stringent security measures to protect you from loss, alteration, or misuse of information: Your password is stored in an encrypted form in our user database. No credit card information is retained on our servers. We monitor security functions on an ongoing basis.

However, we do not control the actions of the parties against whom you file claims, and cannot be held responsible for how they will use the information you provide in the claims you file. Though we withhold your name and personal data from public posting, certain information you volunteer in describing your complaint will post publicly if your claim is not resolved. You control this information. We cannot edit it, and are not responsible for consequences of anything you have included in your claim if it posts publicly in the PeopleClaim Registry. You have the option to decline public posting of your unresolved claims.

Policies Concerning Allegations of Infringement

It is our policy to respond expeditiously upon receiving notice of claimed intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws.

All Notices of Copyright Infringement to be Sent to Us

Notices of copyright infringement should contain the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, plus information reasonably sufficient to permit us to locate the material.
4. The address, telephone number, or email address of the complaining party.
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We reserve the right to remove and/or disable access from the Service to web pages of repeat infringers and reserve the right to terminate all account holders and subscribers who are repeat infringers of intellectual property laws.

Access and Interference

Our website may contain robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our intellectual property or any other content contained herein without our prior written consent. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Services.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

General Disclaimer

PeopleClaim operates under well-defined and well tested laws concerning First Amendment free speech rights and under broad safe harbor protection provided by the Communications Decency Act of 1996 as well as various state anti-SLAPP and free speech laws. We are not responsible for any direct, indirect, incidental, consequential or any other damages arising out of or in connection with the use of this website or in reliance on the information available on the website. This includes any personal injury, business interruption, loss of use, lost data, lost profits, or any other pecuniary loss, whether in an action of contract, negligence, or other tortuous action, even if we have been informed of the possibility. Furthermore, we do not settle or engage in any settlement discussions in response to litigation (or threatened litigation) by parties to a claim; and we reserve all rights under applicable law to seek compensation, including but not limited to reasonable attorneys’ fees and damages in the event that litigation is threatened or brought against PeopleClaim.com.

Miscellaneous

These Terms of Use will be governed and be interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law, and you hereby consent to the jurisdiction of such courts. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If we ask a third party to provide services through this website, the provisions of this agreement shall apply to your use of these third-party services, unless otherwise noted. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control.