Disclaimer

Disclaimer
September 1, 2017

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.