AuthorizeTransaction.com website Terms and Conditions of Use
The content, graphics, information, data, code and software used on or incorporated into this Site (collectively "Content") is made available only for your use in connection with obtaining a copy of a crash report concerning a specific accident. You are only permitted to obtain a copy of the crash report using this Site if you are an “Authorized Party” under one or more of the following conditions: (i) you (or your company) have been authorized as legal representative of one of the parties directly involved in the accident; (ii) you are an authorized user or representative of the insurance carrier for one of the parties directly involved in the accident; or (iii) you are otherwise permitted to access the crash report under the laws of the jurisdiction of the crash report. Use of this Site by anyone who is not an Authorized Party as defined herein, is strictly prohibited. Use of this site for any other purpose, including commercial solicitation purposes, is strictly prohibited. You are restricted from selling or otherwise providing, directly or indirectly, such Crash Report or any information contained in such Crash Report: (i) to any commercial entity that sells, resells, or otherwise provides, these reports (ii) to more than one entity or person. In addition, applicable laws and regulations may impose restrictions on what parties can purchase a Report and additional restrictions on how a Report may be used.
You agree that you will not create a direct link from another web site to the Site. Except with respect to crash reports obtained as permitted hereunder from this Site, which are for your use as permitted hereunder herein only, you agree that you will not harvest, post, transmit, copy, modify, create derivative works from, or distribute anything you obtain or download from the Site. You agree to comply with all applicable state, federal and international laws, statutes, ordinances and regulations regarding your use of our services and this Site. You agree not to upload or transmit through the Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of this Site or its end-users. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Site is strictly prohibited and may result in penalties or criminal charges. You agree that you will not use any "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials or information through any means not purposefully made available through the Site. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any transaction being conducted on this Site, or with any other person's use of this Site. You agree that you will not attempt to gain unauthorized access to any portions of this Site, other accounts, computer systems or networks connected to any of our servers, through hacking, password mining or any other means. You agree that you will not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
All Content is the property of, or licensed by, AuthorizeTransaction and/or its parent companies, subsidiaries and affiliates. Similarly, the AuthorizeTransaction logo and all AuthorizeTransaction trademarks, service marks and copyrights (collectively the "Marks"), are the property of AuthorizeTransaction and/or its parent companies, subsidiaries and affiliates and are protected by copyright and trademark laws. Except in connection with your authorized use of this Site, you are not granted any right or license under any Mark nor are you granted any other intellectual property right in or to the Content. All such rights are retained by AuthorizeTransaction and/or its parent companies, subsidiaries and affiliates.
Prices and Availability
The prices and availability of the Reports available for purchase on the Site are subject to change without notice. You are solely responsible for any sales, local or similar taxes imposed on any Reports ordered by you. All prices are stated in United States dollars. This site charges a non-refundable fee to use this online service to make the payment. Completion of the transaction is contingent upon both the authorization of payment by your card company and acceptance of your payment by the governmental authority or other entity you are paying. In the event that your payment is unable to be processed, AuthorizeTransaction.com will attempt to notify you at least once using the contact information you have provided. In the event your payment is not processed or authorized by your card company or the applicable entity you are seeking to pay fails to accept your payment or, if applicable, your payment liability shall remain outstanding and unpaid and you will be subject to all applicable penalties, late fees and interest charges assessed by the relevant entity thereon, all of which obligations remain your sole responsibility. By completing a transaction on this site you hereby confirm your acceptance of the non-refundable fee charged by AuthorizeTransaction.com and agree to pay the “Report Cost” amount indicated, subject to and in accordance with the agreement governing the use of your credit or debit card.
Information You Provide
You acknowledge that certain information in a Report may be redacted in accordance with applicable law or regulation.
Third Party Sites
Certain features or services offered on or through this Site may require you to create an account or for AuthorizeTransaction to issue a user name, password or passcode to you. Only you are authorized to utilize the user name and password provided to you hereunder, and you may not share the user name or password with anyone else, including but not limited to, anyone else in your organization or company. You are solely responsible for maintaining the confidentiality of your account information, including your user identification, password and any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security by calling AuthorizeTransaction Customer Service at 1.888.949.3835 ext.3. AuthorizeTransaction will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password.
Access Restrictions / Termination
Subject solely to AuthorizeTransaction’ discretion, AuthorizeTransaction reserves the right to restrict or terminate your access to this Site and its services at any time, with or without cause and without notice to you.
Disclaimer / Liability Limitation
For purposes of this Section only (“Disclaimer / Liability Limitation”), “AuthorizeTransaction” includes AuthorizeTransaction, its parent companies, its subsidiaries, and its affiliates. You agree that, from time to time, this Site may be inaccessible or inoperable for any reason, including, without limitation, equipment malfunctions, periodic maintenance procedures or repairs which we or our agent may undertake, or causes beyond the reasonable control of AuthorizeTransaction or which are not reasonably foreseeable by AuthorizeTransaction. In each case, you agree not to hold AuthorizeTransaction responsible for any damages proximately caused by such delay or lack of access. In addition, AuthorizeTransaction is not responsible for any loss of User Data resulting from deletion or corruption or otherwise. While AuthorizeTransaction uses reasonable efforts to include accurate and up-to-date information on the Site, AuthorizeTransaction makes no warranties or representations as to accuracy of the Content. AuthorizeTransaction assumes no liability or responsibility for any errors or omissions in the Content of the Site. Changes may be periodically made to the information at any time without notice. THIS SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. AUTHORIZETRANSACTION EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING. FURTHER, AUTHORIZETRANSACTION DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR THE INFORMATION PROVIDED TO YOU THROUGH THIS SITE WILL MEET YOUR REQUIREMENTS, WILL BE PROVIDED WITHOUT ANY VIRUS OR OTHER HARMFUL COMPONENTS OR CONDITIONS, OR WILL BE ACCURATE AS OF ANY PARTICULAR DATE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF AN IMPLIED WARRANTY SET OUT HEREIN, SUCH EXCLUSION DOES NOT APPLY TO YOU; HOWEVER, THE REMAINING TERMS AND CONDITIONS APPLY TO YOU. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. AUTHORIZETRANSACTION SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE. AUTHORIZETRANSACTION DOES NOT WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES AUTHORIZETRANSACTION MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE. IN NO EVENT WILL AUTHORIZETRANSACTION BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE, OR YOUR RELIANCE UPON OR USE OF ANY INFORMATION CONTAINED IN OR ACCESSED FROM THIS SITE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER IS FOR YOU TO DISCONTINUE YOUR USE OF THE SITE.
Notice for Michigan Law Firms Users
You understand and acknowledge your responsibilities under Michigan Rule of Professional Conduct 7.3 to utilize any information you may obtain from a Report in strict compliance with the Michigan Rules of Professional Conduct. You understand that Rule 7.3(a) requires in relevant part that: "A lawyer shall not solicit professional employment from a prospective client with whom the lawyer has no family or prior professional relationship when a significant motive for the lawyer doing so is the lawyer’s pecuniary gain.” You further understand that the term “solicit” includes contact in person, by telephone or telegraph, by letter or other writing, or by other communication directed toward a specific recipient, but does not include letters addressed or advertising circulars distributed generally to persons not known to need legal services of a kind provided by the lawyer in a particular matter, but who are so situated that they might in general find such services useful, nor does the term “solicit” include “sending truthful and non-deceptive letters to potential clients known to face particular legal problems” as illustrated in Shapero v. Kentucky Bar Assn., 486 US 466-468 (1988). You acknowledge Michigan Rule of Professional Conduct 7.3(b) which requires that “a lawyer shall not solicit professional employment from a prospective client by written or recorded communication or by in person or telephone contact even when not otherwise prohibited by (a) if: (a) The prospective client has made known to the lawyer not to be solicited by the lawyer, or (b) The solicitation involves coercion, duress or harassment.” You will not permit any individual, firm, person or corporation to utilize any information you may obtain from a Report in any manner which would be inconsistent with Michigan Rule of Professional Conduct 7.3. You further understand that should AuthorizeTransaction LLC receive any information suggesting a violation of these rules, they will forward whatever information they may have directly to the Attorney Grievance Commission of the State Bar of Michigan for further investigation and action. You acknowledge that any violation of the Michigan Rules of Professional Conduct may result in certain sanctions including admonishment, suspension or revocation of license or disbarment.
Questions and Suggestions
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The security of all information associated with our users is an important concern to us. We exercise care in providing secure transmission of your information from your computer to our systems and servers. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any personal information you transmit to us or from our online products and services, and you use our online products and services at your own risk. Once we receive your transmission, we, including our affiliates, use industry standard efforts to safeguard the confidentiality of your personal information, such as firewalls and secure socket layers “SSL”. However, "perfect security" does not exist on the Internet. The crash reports provided to users accessing the Site may not be used for any purpose governed under the Fair Credit Reporting Act (15 U.S.C., 1681, et seq.) (the “FCRA”).
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