THESE TERMS AND CONDITIONS (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN YOU AND CRAWFORD. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THIS WEBSITE, AS WELL AS ALL ASSOCIATED SITES LINKED TO THIS WEBSITE BY CRAWFORD, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE "SITES"), AS WELL AS THE FEATURES AND ONLINE SERVICES (THE “SERVICES). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO “SITES” INCLUDE THE CONTENT AND THE SERVICES AVAILABLE THROUGH THE SITES AND ANY SOFTWARE THAT CRAWFORD PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITES FROM A MOBILE DEVICE (A "MOBILE APPLICATION"). BY USING THE SITES, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITES OR ANY INFORMATION CONTAINED ON THE SITES.
Crawford may make changes to the content and Services offered on our Sites at any time. Crawford can change, update or add or remove provisions of these Terms, at any time by posting the updated Terms on the Sites. By using the Sites after Crawford has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using our Sites.
By using the Sites, you represent, acknowledge and agree that you are at least 18 years of age or if you are under the age of majority in your jurisdiction of residence (a “Minor”), that you are using our Sites with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use our Sites and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Crawford if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use our Sites at any time or in any manner or submit any information to Crawford or our Sites.
Crawford provides content through our Sites that is copyrighted and/or trademarked work of Crawford or Crawford’s third-party licensors and suppliers or other users of our Sites (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, Crawford hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Sites solely for your personal use. Except for the foregoing license, you have no other rights in our Sites or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of our Sites or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Crawford makes available Mobile Applications to access our Sites via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. Crawford does not warrant that the Mobile Application will be compatible with your mobile device. Crawford hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that Crawford may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Crawford and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that Crawford provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between you and Crawford only, and not with Apple, Inc. (“Apple”).
Your use of Crawford’s iOS App must comply with Apple’s then-current App Store Terms of Service.
Crawford, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
You agree that Crawford, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
You agree that Crawford, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of Crawford’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that Crawford provides to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and Crawford only, and not with Google, Inc. (“Google”).
Your use of Crawford’s Android App must comply with Google’s then-current Android Market Terms of Service.
Google is only a provider of the Android Market where you obtained the Android App. Crawford, and not Google, are solely responsible for Crawford’s Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to Crawford’s Android App or these Terms.
You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Crawford’s Android App.
Using our Sites and the Services
You can simply view many portions of our Sites. You need not register with Crawford to simply visit and view much of our Sites.
However, in order to access certain areas of our Sites (such as accessing or using the Claims Portals) and to use certain Services and Materials offered on and through our Sites, you must register with Crawford for an account or may be asked to submit your name and contact information to access certain Content.
If you desire to register for an account with Crawford, you must submit the required information through the account registration page on our Sites, including your name and email address, and you must be authorized to access the password-restricted Service or area of the Sites. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Crawford in providing you with more a more customized experience when using our Sites or its Services. Once you have submitted your account registration information, the Crawford administrator shall have the right to approve or reject the requested registration, in the Crawford administrator’s sole discretion. If your account is approved by the Crawford administrator, you will be sent an e-mail that contains a password that will allow you to log-on to our Sites using that password (the “Crawford Password”) for the first time you log into your account on our Sites to complete the account registration process.
Currently, for certain Sites and Services Crawford may provide you with the ability to register for an account on our Sites using your existing account and log-in credentials through the following Third-Party Sites (as defined below), which may change from time to time: Facebook & Google (each, a “Third-Party Site Password”).
You are responsible for maintaining the security and confidentiality of your username, Crawford Password and any Third-Party Site Password (collectively, "Passwords"), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify Crawford if any of your Passwords on the Sites are lost, stolen, if you are aware of any unauthorized use of your Passwords on the Sites or if you know of any other breach of security in relation to the Sites.
All the information that you provide when registering for an account and otherwise through our Sites must be accurate, complete and up to date. You may change, correct or remove any information from your account by either logging into your account directly and making the desired changes or contacting Crawford using the contact information at the end of these Terms requesting that we make the change.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through our Sites (each a “Submission”). You may not upload, post or otherwise make available on the Sites any material protected by copyright, trademark or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through the Sites.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require Crawford to monitor, police or remove any Submissions or other information submitted by you or any other user.
When using the Sites and/or the services, you agree not to:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Use racially, ethnically or otherwise offensive language.
Discuss or incite illegal activity.
Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
Post anything that exploits children or minors or that depicts cruelty to animals.
Post any copyrighted or trademarked materials without the express permission from the owner.
Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of such solicitation.
Use any robot, spider, scraper or other automated means to access our Sites.
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Alter the opinions or comments posted by others on the Sites.
Post anything clearly false or misleading.
Post anything unrelated to our business, products or services.
Post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions.
This list of prohibitions provides examples and is not complete or exclusive. Crawford reserves the right to (a) terminate access to your account, your ability to post to the Sites and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason or for any action that Crawford determines is inappropriate or disruptive to the Sites or to any other user of the Sites. Crawford may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Crawford’s discretion, Crawford will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites or on the Internet.
Unauthorized use of any Materials or Third-Party Content contained on the Sites may violate certain laws and regulations.
You agree to indemnify and hold Crawford and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Crawford or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of the Sites or the use of the Sites by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation or the copyrights, trademark rights or other rights of any third-party.
Crawford and Crawford & Company are trademarks of Crawford & Company (or our affiliates, subsidiaries or licensors) in the United States. Other trademarks, names and logos on the Sites are the property of their respective owners.
If you are in the United States, the Mobile Application software that is provided to you through our Sites and Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if you are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Intellectual property infringement
Crawford respects the intellectual property rights of others, and we ask you to do the same. Crawford may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Crawford’s designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
The date and time of the claimed infringement.
A description of your interest or rights with respect to the work or works claimed to have been infringed. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at our Sites, and information reasonably sufficient to permit Crawford to locate the material.
The location data for the electronic location to which the claimed infringement relates. Information reasonably sufficient to permit Crawford to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Crawford’s agent for notice of claims of copyright or trademark infringement on the Sites can be reached as follows:
Crawford & Company ATTN: Legal 5335 Triangle Parkway NW Peachtree Corners, GA 30092 USA
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Crawford’s designated agent that includes all of the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located or if your physical address is outside of the United States, for any judicial district in which Crawford may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
Crawford reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.
Disclaimer of warranties
Your use of the Sites is at your own risk. The Materials have not been verified or authenticated in whole or in part by Crawford, and they may include inaccuracies or typographical or other errors. Crawford does not warrant the accuracy of timeliness of the Materials contained on the Sites. Crawford has no liability for any errors or omissions in the Materials, whether provided by Crawford, our licensors or suppliers or other users.
CRAWFORD, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES OR GUARANTEES IN CONNECTION WITH THE SITES, THE SERVICES OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITES, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITES IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OR IMPLIED WARRANTY OF, OR STATUTORILY IMPOSE WARRANTY, GUARANTEE OR CONDITIONS WITH RESPECT TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. CRAWFORD DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRAWFORD SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CRAWFORD BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF CRAWFORD KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF GUARANTEES, CONDITIONS, WARRANTIES OR TERMS IMPLIED OR IMPOSED BY ANY APPLICABLE LAW, OR DO NOT ALLOW LIMITATIONS ON HOW LONG ANY SUCH GUARANTEE, CONDITION, WARRANTY OR TERM MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED.
IF YOU ARE LOCATED IN AUSTRALIA AND HAVE THE BENEFIT OF ANY GUARANTEE, CONDITION, WARRANTY OR TERM IS IMPLIED OR IMPOSED BY THE COMPETITION AND CONSUMER ACT 2010 (CTH) OR ANY OTHER APPLICABLE LAW AND THAT CANNOT BE EXCLUDED (A NON-EXCLUDABLE PROVISION), AND CRAWFORD IS ABLE TO LIMIT YOUR REMEDY FOR A BREACH OF THE NON-EXCLUDABLE PROVISION, THEN CRAWFORD'S LIABILITY FOR BREACH OF THE NON-EXCLUDABLE PROVISION IS LIMITED EXCLUSIVELY (SO FAR AS APPLICABLE LAWS DO NOT PROHIBIT) TO ONE OR MORE OF THE FOLLOWING AT CRAWFORD'S OPTION:
(i) IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF THE GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; OR
(ii) IN THE CASE OF SERVICES, THE SUPPLYING OF THE SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
Local laws; export control
Crawford controls and operates the Sites from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use the Sites outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions or related materials to Crawford, whether by letter, email, telephone or otherwise (collectively, “Feedback”), suggesting or recommending changes to our Sites or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and waive all moral rights in (or where such moral rights cannot be waived, irrevocably consent to or any acts or omissions by the Crawford, its licensors and successors and any other person authorised by the Crawford, its licensors and successors which may infringe your moral rights) and Crawford is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, perpetual, irrevocable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that Crawford is not obligated to use, display, reproduce or distribute any such ideas, know-how, concepts or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction or distribution.
The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.
Crawford prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Crawford, may result in immediate termination of your access to the Sites without prior notice to you. The Federal Arbitration Act, Georgia state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or the Sites will be heard in the courts located in Fulton County in the State of Georgia. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Crawford’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Crawford and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Crawford about the Sites. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact Crawford for any reason, you can reach us at 5335 Triangle Parkway NW, Peachtree Corners, GA 30092 or firstname.lastname@example.org.
Special Terms for EEA/UK Users
If you are located in the EEA or the United Kingdom, then the following special terms apply:
Nothing in this contract excludes or limits Crawford's liability for fraud (including fraudulent misrepresentation) by Crawford or for injury or death caused by Crawford's negligence.
The section "Limitation of liability" shall include the following liabilities, in respect of which Crawford expressly excludes any liability to you for resultant losses: negligence for property damage or financial loss, the fraud or dishonesty of another person (such as an agent or sub-contractor of Crawford), or the deliberate or intentional default by Crawford of its duties under these Terms.