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Disclaimer
Okaccident.com (TM) service (the "Service") and its affiliate
sites (the "Sites") are accessible worldwide to anyone with Internet
access. Okaccident.com is a service provided and owned by Tort Logics’ LLC
which reserves all rights over the website services, trademarks, advertising
platform and following disclaimer.
Compliance
OKaccident.com is in compliance with the Drivers Privacy Protection Act
(DPPA) (18 USC Sec.2721,et seq.) Freedom of Information (FOI) standards
to ensure the purchase of accident data is secure.
PLEASE READ FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE
USING THIS WEB SITE (this "Site"). By accessing or using this
Site, you agree to these terms of use, conditions and all applicable
laws. If you do not agree to these terms, services provided by this site
will not be available for use.
WARRANTIES AND LIABILITY AND AN EXCLUSIVE REMEDY The materials in this
website have been provided by Okaccident.com for general informational
purposes only. It is not intended as legal advice. This information is
written to permit you to learn more about the services of accident recovery
specialists in your area. This information is not intended to create
any relationship between Okaccident.com and the recipient. The materials
contained herein are general in nature and are created for the soul purpose
of promoting the services of professionals in your area. This site also
provides access to a variety of ways in which to obtain your official
accident report from the city or state police department records office.
CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION Our Privacy Policy
may change from time to time. Changes will be available for your review
on this page. Your continued use of our Service after any such changes
have been made will signify your consent to the changed Privacy Policy.
Accordingly, we ask that you bookmark and periodically review this Privacy
Policy to ensure continuing familiarity with the most current version
of Disclaimer and Privacy Policies.
Okaccident.com its parent company or any other party involved in creation,
production or delivery of this website be liable to you or any other
person for any indirect, special, incidental, or consequential damages
of any kind arising from your access to, or use of, this website. If
you use any links to websites not maintained by Okaccident.com, you do
so at your own risk. Use of the 1800-OKaccident phone number is herein
included and covered under the title “services” and all the
following disclaimers and liabilities apply to its services and the use
of such report retrieval services.
Permissible Uses
- Use in accessing OKaccident.com services in a normal course
of business by those involved in the accident. Report requests must
be accurate if
such submitted information is not correct or is no longer correct,
the information will be identified as false information and report
requests
will be canceled for the purposes of preventing fraud, thus requests
are all subject to refusal and a partial refund will be issued by check.
Please insure that all information provided for accident report retrieval
requests is as accurate as possible to insure successful accident report
retrieval.
- Use by any law firm, attorney or legal entity, including
any court or law enforcement agency, in carrying out its functions,
or by any private
entity acting on behalf of a federal, state, or local agency in carrying
out its function.
- Use by any insurer or insurance support organization,
or by a self-insured entity, or its agents, employees or contractors
in connection
with: claim
investigation activities; anti-fraud activities; rating; or underwriting.
- Use by any lien holder such as a banking institution if the requestor
provides written consent from the individual to whom
the information
pertains.
- Use to carry out the purpose of titles I and IV
of the Anti-Car Theft Act of 1992, the Automobile Information Disclosure
Act,
the Clean Air
Act and chapters 301, 305 and 321 - 331 of Title 49, in connection
with matters of: motor vehicle or driver safety and theft;
motor vehicle emissions;
motor vehicle product alterations, recalls, or advisories;
performance monitoring of motor vehicles and dealers by motor vehicle
manufacturers;
and removal of non-owner records from the original owner records
of motor vehicle manufacturers.
- You agree not to post or
transmit any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene,
profane, hateful,
racially, ethnically or otherwise objectionable material
of any kind, including,
but not limited to, any material which encourages conduct
that would constitute a criminal offense, violate the rights of
others, or otherwise
violate any applicable local, state, national or international
law
LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
Okaccident.com is not responsible for the contents or availability of
any linked sites. Links are provided for a quick search of local police
departments, medical providers, rental cars, attorneys and auto repair
shops as a convenience to the recipient and its search results are
general in nature or directed towards professionals advertising with
OKaccident.com and its affiliates. Continued use of the Service constitutes
your acceptance of, and agreement to, this Agreement, including any
changes made to such Agreement pursuant to this Section. You understand
and agree that the Service may include advertisements and that these
advertisements are necessary for OKaccident.com to provide the Service.
You further acknowledge and agree that OKaccident.com shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance
on any such Content, goods or services available on or through any
such link, site or resource. EVEN IF OKACCIDENT.COM OR ITS PARENT COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BEFOREHAND, THE
EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE
REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL
PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND
EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1)
BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4)
ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS
ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH
THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU
HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY OKACCIDENT.COM PARTY WITH RESPECT TO THIS AGREEMENT OR THE SERVICE, THE SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SERVICE. IN NO EVENT SHALL TORT
LOGICS LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN
IF OKACCIDENT.COM AND ITS PARENT COMPANIES HAVE BEEN PREVIOUSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT,
NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH
THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES,
PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS
SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to release, indemnify, defend and hold harmless OKaccident.com,
its parent, subsidiaries and affiliates, and its and their shareholders,
officers, directors, employees, agents and advisors, from and against
any and all losses, liabilities, claims (including claims without legal
merit or brought in bad faith), demands, damages, costs or expenses,
causes of action, suits, proceedings, judgments, awards, executions and
liens, including reasonable attorneys' fees and costs (whether brought
by third parties or otherwise) (collectively, "Claims") relating
to or arising from any breach by you of this Agreement or from your use
of the Service. OKaccident.com reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise
subject
to indemnification by you hereunder, and in such event, you shall have
no further obligation to provide indemnification for such matter; provided,
however that you shall use your best efforts to cooperate with us in
the defense of any Claim. You agree to indemnify, defend, and hold harmless,
Tort Logics LLC its officers, directors, employees, agents, licensors
and advertisers (collectively the "Provider") from and against
all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of these terms and conditions or any
activity related to your Internet account (including negligent or wrongful
conduct), by you or any other person accessing the Site using your Internet
account.
YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND OKACCIDENT.COM AGREE THAT ANY CAUSE OF ACTION ARISING
OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE
CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED. Your use of this Site shall be governed in all respects by
the laws of the state of Texas, U.S.A., without regard to choice of
law provisions.
You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to this Site (including
but
not limited to the purchase of Tort Logics LLC services) shall be in
the state or federal courts located in Dallas, Texas. Any cause of
action or claim you may have with respect to the Site (including but
not limited
to the purchase of Tort Logics LLC services) must be commenced within
one (1) year after the claim or cause of action arises. Tort Logics
LLC, failure to insist upon or enforce strict performance of any provision
of these terms and conditions shall not be construed as a waiver of
any
provision or right.
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