Welcome to ClaimsFiler.com. ClaimsFiler.com provides the ClaimsFiler.com Services (described below) to you under these Terms of Service (“Terms”). In these Terms “you” means the individual using the ClaimsFiler.com Services. “ClaimsFiler.com” or “ClaimsFiler” means skyMedia LLC (a company organized under the laws of the State of Louisiana).
When you use the ClaimsFiler.com Services, you may be able to access services provided by companies outside the ClaimsFiler.com group. ClaimsFiler.com is not responsible for services it does not provide. The terms of service governing a service should always explain who provides the service. You should always look at the terms of service that apply to each service you use especially when you register for a service. The ClaimsFiler.com terms can usually be found via a link at the bottom of each page of the ClaimsFiler.com Services.
Registering on ClaimsFiler.com allows you to receive stock and portfolio monitoring information related to various securities class actions, which is dependent upon the transactional information available through your brokerage and provided to the ClaimsFiler.com service.
Information Collection & Use
ClaimsFiler.com (as data controller) collects personally identifiable information when you register for a ClaimsFiler.com account, when you use certain ClaimsFiler.com products or services, and when you visit ClaimsFiler.com pages or the pages of certain ClaimsFiler.com partners outside the branded ClaimsFiler.com network of websites. ClaimsFiler.com may combine information (including personally identifiable information) about you that we have with information we obtain from business partners or other companies.
When you register on ClaimsFiler.com, we may ask for personally identifiable information such as your name, email address, birth date, gender, post code, occupation, industry, and personal interests.
ClaimsFiler.com collects information directly from you and internally, about your transactions with us and with some of our business partners, including information about your use of financial products and services that we offer. ClaimsFiler.com does not guarantee and disclaims liability for the accuracy and completeness of any information supplied by you or collected by ClaimsFiler.com, as agreed to herein in Sections 19-21.
ClaimsFiler.com also automatically receives and records information on our server logs from your browser including your IP address, ClaimsFiler.com cookie information, software and hardware attributes, and the page you requested. Once you register with ClaimsFiler.com and sign into our services you are no longer anonymous to us, and your usage data will be connected to your account.
ClaimsFiler.com uses information (including anonymous and pseudonymous information, as well as personally identifiable information) for the following general purposes: to personalize the advertising and content you see, fulfil your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients. ClaimsFiler.com may transfer your personal information for the general purposes set out above to any ClaimsFiler.com group company worldwide, and they may use your personal information as set forth below. ClaimsFiler.com also uses information (including anonymous and pseudonymous information, as well as personally identifiable information) for the specific purposes of portfolio monitoring, by third-party service providers.
Information Sharing & Disclosure
ClaimsFiler.com does not rent, sell, or share information about you (including personally identifiable information) with other people or non-affiliated companies except to provide products or services you’ve requested, when we have your permission, or in the following circumstances:
to provide the information to trusted partners who work on behalf of or with ClaimsFiler.com under confidentiality agreements. These companies may use such information to help ClaimsFiler.com communicate with you (to the extent consented by you) about offers from ClaimsFiler.com and our marketing partners. You also consent to allow such affiliated third parties to contact you regarding services ancillary to ClaimsFiler.com – such as securities fraud, negligence, or breach of fiduciary duty alert services. These companies, however, do not have any independent right to share this information.
to respond to subpoenas, court orders, legal process, or to any legitimate request by authorities with which compliance is required, or to establish or exercise legal rights or defend against legal claims.
The ClaimsFiler.com Services
ClaimsFiler.com provides to you a rich collection of online resources, including, news and information related to securities class action cases and settlements and related services, in addition to various news and information services, through its network of properties which may be accessed through various media or devices now known or developed afterwards (the “ClaimsFiler.com Services”).
The ClaimsFiler.com Services may include important communications from ClaimsFiler.com, such as service announcements and administrative messages. These communications are considered part of the ClaimsFiler.com membership and you will not be able to opt out of receiving them.
Registration & Account Security
You agree to provide accurate and complete information about yourself when required by the ClaimsFiler.com Services’ registration form (the “Registration Data”) and ensure your Registration Data is kept up to date.
ClaimsFiler.com will issue you with a password and a ClaimsFiler.com ID when you complete the ClaimsFiler.com Services’ registration process. You are responsible for maintaining the confidentiality of your password and security of your account. Accordingly, you are solely responsible for all activities that occur under your account. You will:
immediately notify ClaimsFiler.com of any unauthorized use of your account and any other breach of security; and
ensure that you sign out from your account at the end of each session.
Privacy & Data Disclosure
ClaimsFiler.com may access, preserve, and disclose your information and User Content:
to its affiliated companies worldwide for the purpose of providing the ClaimsFiler.com Services and securities portfolio monitoring (primarily by associated third parties) to you in an efficient manner;
for the purpose of properly administering your account in accordance with the standard operating procedures of ClaimsFiler.com or its affiliated companies; and
if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any User Content violates the rights of third-parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of ClaimsFiler.com, its users and the public.
User Content & Conduct
You are solely responsible for all information, stock trading or other data, text, messages, tags, and other materials that you submit to ClaimsFiler.com Services (“User Content”). You agree not to do anything on, or submit any User Content to, the ClaimsFiler.com Services that:
is inaccurate, incomplete, or materially false and/or misleading;
infringes any laws (for example, defamation law) or regulations or the rights of another or encourages others to do so;
is obscene, threatening, violent, abusive, harmful to others including minors, invasive of another’s privacy, hateful, harassing, discriminatory or otherwise objectionable;
impersonates another or misrepresents the origin or attributes (including age) of a user or User Content;
is “spam” or any other form of unsolicited advertising, promotional materials, or commercial messages except in areas where this is expressly allowed (please read our complete Spam Policy)
contains or links to computer viruses, malware or any other malicious code;
disrupts or impairs the normal operation of the ClaimsFiler.com Services, or servers or networks connected to the ClaimsFiler.com Services;
collects User Content or user information, or otherwise accesses the ClaimsFiler.com Services using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission; or
reproduces, trades in, or otherwise exploits for any commercial purposes, any part of the ClaimsFiler.com Services (including User Content, advertisements, Software, and your ClaimsFiler.com ID).
ClaimsFiler.com has no obligation to monitor User Content. ClaimsFiler.com may reject, re-categorize, or delete any User Content that is available via the ClaimsFiler.com Services that violates the Terms or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of any User Content.
The ClaimsFiler.com Services and software embodied within the ClaimsFiler.com Services may include security components that permit digital materials to be protected. Use of these materials is subject to usage rules set by ClaimsFiler.com or content providers who provide content to the ClaimsFiler.com Services. You may not attempt to override or circumvent any of the usage rules embedded into the ClaimsFiler.com Services. Any unauthorized reproduction, publication, further distribution, or public exhibition of any of the materials provided on the ClaimsFiler.com Services, is strictly prohibited
SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE Recognizing the global nature of the Internet, you agree to comply with all applicable laws and rules regarding online conduct and acceptable User Content. Use of the Services and transfer, posting and uploading of software, technology, and other technical data via the Services may be subject to the export and import laws of the United States. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations (see http://www.access.gpo.gov/bis/ear/ear_data.html) and sanctions control programs of the United States (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx.) In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion list (see http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the Services to export-prohibited parties or countries; (c) will not use the Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws or any other applicable laws; and (d) will not transfer, upload, or post via the Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
License From You to ClaimsFiler.com
You retain copyright and any other rights you already hold in User Content that you submit, or make available through, the ClaimsFiler.com Services. When you submit or make available User Content on publicly accessible areas (described below) of the ClaimsFiler.com Services, you give to ClaimsFiler.com the following license(s):
For photos, graphics, audio, or video you submit or make available on publicly accessible areas of the ClaimsFiler.com Services, you give to ClaimsFiler.com the worldwide, royalty-free, and non-exclusive license to use, distribute, reproduce, adapt, publish, translate, create derivative works from, publicly perform and publicly display the User Content on the ClaimsFiler.com Services:
for the purposes for which that User Content was submitted; and
for the purpose of promoting the ClaimsFiler.com property to which the User Content was submitted or the ClaimsFiler.com Services anywhere on the ClaimsFiler.com network or in connection with any distribution or syndication arrangement with other organizations or individuals or their sites.
This license exists only for as long as you continue to include the User Content on the ClaimsFiler.com Services and will end at the time you remove, or ClaimsFiler.com removes, the User Content from the ClaimsFiler.com Services.
For all other User Content you submit or make available for inclusion on publicly accessible areas of the ClaimsFiler.com Services, the worldwide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable license to us, distribute, reproduce, adapt, publish, translate, create derivative works from, publicly perform and publicly display the User Content anywhere on the ClaimsFiler.com network or in connection with any distribution or syndication arrangement with other organizations or individuals or their sites in any format or medium now known or later developed.
“Publicly accessible” areas of the ClaimsFiler.com Services are those areas of the ClaimsFiler.com Services that are intended by ClaimsFiler.com to be available to the public. However, publicly accessible areas of the ClaimsFiler.com Services would not include sections that are private or limited to and ClaimsFiler.com Services intended for private communications with ClaimsFiler.com
You are solely responsible for any personal data or information that you choose to disclose and make publicly accessible via the ClaimsFiler.com Services. ClaimsFiler.com is not responsible for the disclosure and public accessibility of such personal data or information. Any personal data or information (or any other User Content) posted to publicly accessible areas may remain publicly accessible indefinitely.
Any information provided by you to ClaimsFiler.com for the purposes of portfolio monitoring will not be made available publicly by ClaimsFiler.com on the ClaimsFiler.com website or otherwise, except for the limited purposes agreed to herein.
Contributions to ClaimsFiler.com
When you submit ideas, suggestions, documents, and/or proposals (“Contributions”) to ClaimsFiler.com through its suggestion or feedback webpages, you agree that:
your Contributions do not contain confidential or proprietary information;
ClaimsFiler.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
ClaimsFiler.com will be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
ClaimsFiler.com may have something like the Contributions already under consideration or in development;
Except where expressly prohibited by applicable laws, your Contributions automatically become the property of ClaimsFiler.com without any obligation of ClaimsFiler.com to you and you waive all moral rights; and
you are not entitled to any compensation or reimbursement of any kind from ClaimsFiler.com under any circumstances.
To the fullest extent permitted by applicable law, you agree to indemnify and hold ClaimsFiler.com and its subsidiaries, affiliates, officers, agents, licensors, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of User Content you submit or otherwise make available through the ClaimsFiler.com Services, your use of, or connection to, the ClaimsFiler.com Services, your violation of the Terms, or your violation of any rights of another. This indemnity extends to any claims processing or portfolio monitoring services provided to you by ClaimsFiler.com and its subsidiaries, affiliates, officers, agents, licensors, co-branders, third-party service providers and other partners, and employees.
ClaimsFiler.com may establish general practices and limits concerning use of the ClaimsFiler.com Services, including the maximum number of days that communication messages or other User Content will be retained, the maximum size and number of User Content or communication messages that may be submitted or received by an account, the maximum storage space that will be allotted to an account, and the maximum number of times (and the maximum duration for which) you may access the ClaimsFiler.com Services in a given period of time.
ClaimsFiler.com may change these general practices and limits by giving you reason-able notice before the changes take place, in accordance with section 23 below.
Changes to the ClaimsFiler.com Services
ClaimsFiler.com is constantly innovating to provide the best possible experience for its users. Accordingly, ClaimsFiler.com may change, interrupt, suspend or cancel any of the ClaimsFiler.com Services temporarily or permanently. We may not tell you beforehand about changes or interruptions that do not materially disadvantage our users or do not materially limit the usage of our services, for example, the addition of functionalities and features or a change to the registration process.
In accordance with section 22, we will tell you a reasonable amount of time in advance of any changes or cancellations of ClaimsFiler.com Services that will materially disadvantage our users or materially limit the usage of ClaimsFiler.com Services. This will allow you sufficient time to save any User Content that you may have in that service.
For changes we need to make to meet security, legal and regulatory requirements, we may not be able to meet the timescale above. We will let you know about these changes as soon as we can.
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Cancelling Your Account / Email Address
You may, at any time, cancel your ClaimsFiler.com account, any associated email address and access to the ClaimsFiler.com Services by visiting our Account Deletion page. For more information, please see the relevant Help Pages for more information on this topic.
ClaimsFiler.com may, without telling you, immediately cancel or limit your access to your ClaimsFiler.com accounts, certain ClaimsFiler.com Services, and any associated email addresses for the following reasons, including:
if you violate the Terms, including incorporated agreements or guidelines;
requests by law enforcement or other government agencies under valid legal process;
unexpected technical or security issues or problems; or
extended periods of inactivity in accordance with our account deletion policy.
ClaimsFiler.com will make these decisions in ClaimsFiler.com’s sole discretion. ClaimsFiler.com will not be responsible for any loss you may suffer through the cancellation of your account, any associated email address or access to the ClaimsFiler.com Services.
Cancellation of your ClaimsFiler.com account may include the following:
removal of access to any of the offerings within the ClaimsFiler.com Services; and
deletion of your information and User Content associated with or inside your account
ClaimsFiler.com may sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your User Content. ClaimsFiler.com is entitled to retain all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights.
Your dealings with advertisers found on or through the ClaimsFiler.com Services, including participation in promotions or payment and delivery of goods or services, and any other terms, conditions, guarantees, or representations associated with these dealings, are solely between you and the advertiser. To the fullest extent permitted by applicable law, you agree that ClaimsFiler.com will not be responsible for any loss or damage of any kind incurred as the result of these dealings or as the result of the presence of advertisers on the ClaimsFiler.com Service.
External links & Content
The ClaimsFiler.com Services may include content, applications, and services from or links to external websites or resources (“External Content”). All External Content is the responsibility of the external provider and provided by them subject to their own terms. ClaimsFiler.com has no control over and does not endorse any External Content and ClaimsFiler.com is not responsible for the availability, accuracy, or reliability of such External Content, or for any loss suffered by you based on reliance on the External Content. Any dispute you have regarding External Content on the ClaimsFiler.com Services should be taken up with the external provider directly.
ClaimsFiler.com’s Proprietary Rights
The ClaimsFiler.com Services, which includes any necessary software used in connection with the ClaimsFiler.com Services (“Software”), contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in advertisements or information presented to you through the ClaimsFiler.com Services may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by ClaimsFiler.com or the applicable licensor (such as an advertiser), you will not use, distribute, reproduce, adapt, publish, translate, create derivative works from, rent, sell, publicly perform, or publicly display the ClaimsFiler.com Services, any User Content or Software.
ClaimsFiler.com gives to you a personal, non-transferable, and non-exclusive license to use the object code of its Software on a single computer. However, you must not (and must not allow any other person to) copy, adapt, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. This will not apply where you are expressly permitted to do so by law or the relevant licensor.
You must not access the ClaimsFiler.com Service by any means other than through the interface that is provided by ClaimsFiler.com for use in accessing the ClaimsFiler.com Services, unless you have been specifically told that you may do so by Claims-Filer.com in writing.
Exclusion of Warranties
The ClaimsFiler.com Services and Software are provided “as is” and ClaimsFiler.com, its subsidiaries, affiliates and licensors cannot give you any guarantees with respect to them. In particular, ClaimsFiler.com, its subsidiaries, affiliates and licensors cannot represent or guarantee that:
your use of the ClaimsFiler.com Services and Software will meet your requirements;
your use of the ClaimsFiler.com Services and Software will be uninterrupted, timely, secure, or free from error;
any information obtained by you because of your use of the ClaimsFiler.com Services or Software will be accurate or reliable; and
defects in the operation or functionality of any Software provided to you as part of the ClaimsFiler.com Services will be corrected.
No conditions or other terms (including any implied terms as to merchantability/ satisfactory quality, fitness for purpose, provision of services to a standard of reasonable care and skill, non-infringement of intellectual property rights or conformance with description) apply to the ClaimsFiler.com Services or Software.
Nothing in the Terms affect your legal rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
Limitation of Liability
Unless the Terms say otherwise, ClaimsFiler.com, its subsidiaries, affiliates, and licensors, have no responsibility to you or to pay you compensation for financial loss or loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, or wasted expenditure:
for any information or User Content which is lost, corrupted or mis-delivered;
for any damage to your computer system, internet access, download or display device or loss of data that results from the download of any material;
for any changes that ClaimsFiler.com may make to the ClaimsFiler.com Services or Software;
for the unavailability of any of the ClaimsFiler.com Services or Software;
for any loss that could not have been reasonably expected because you have used the ClaimsFiler.com Services or Software for business; or
for any loss you may suffer if you violate the Terms in any way, including your failure to give ClaimsFiler.com accurate and current Registration Data, or your failure to keep your password or account details secure and confidential.
These limitations will apply whether ClaimsFiler.com has been advised of or should have been aware of the possibility of any losses arising.
Disclaimer Relating to Financial & Legal Information
Information obtained through the ClaimsFiler.com Services is for informational purposes only and should never be used as a substitute for advice from a qualified professional. The opinions expressed through information and User Content on the ClaimsFiler.com Services are the opinions of the individual author and do not reflect the opinions of ClaimsFiler.com
If you use the ClaimsFiler.com Services for financial information including about companies, share quotes, investments, or securities, please read the above Sections 19 – 20 again. Information obtained through the ClaimsFiler.com Services should never be used as a substitute for professional legal or financial advice. No content or User Content from the ClaimsFiler.com Services is intended for trading or investing purposes. ClaimsFiler.com, its subsidiaries, affiliates and licensors are not responsible for any legal, financial, trading or investment decisions based on such information.
Information obtained through the ClaimsFiler.com Services should never be used as a substitute for professional legal advice. Always seek the advice of a suitably qualified lawyer authorized to practice in the appropriate jurisdiction before taking any course of action that may affect your legal rights.
You may communicate with ClaimsFiler.com via the contact details provided here.
ClaimsFiler.com may give you notices (such as those regarding changes to the Terms) by various methods, including email, regular mail, text message, online notices on the ClaimsFiler.com Services, or other reasonable means. Notifications about ClaimsFiler.com Services for which no registration is required are generally announced via an online notice on the ClaimsFiler.com Service.
If you violate these Terms by accessing the ClaimsFiler.com Services in an unauthorized manner, you may not receive notices. You agree that you are deemed to have received all notices that would have been delivered had you accessed the ClaimsFiler.com Services in an authorized manner.
ClaimsFiler.com’s trademarks, trade names, service marks and other ClaimsFiler.com logos, brand features, and product and service names are trademarks and the property of ClaimsFiler.com (the “ClaimsFiler.com Marks”). You agree not to use in any manner, the ClaimsFiler.com Marks without ClaimsFiler.com’s prior written permission
Terms & Copyright Violations
Please report any violations of the Terms to our Contact Us page. For more information, please see our Contact Us page
ClaimsFiler.com respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your intellectual property rights have been infringed on the ClaimsFiler.com Services, please report the problem by contacting ClaimsFiler.com.
DisputesAny dispute or claim relating in any way to your use of any ClaimsFiler.com Service, or to any products or services sold or distributed by ClaimsFiler.com or through ClaimsFiler.com.com will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our legal agent Kahn Swick & Foti LLC, 1100 Poydras St., Suite 3200 – New Orleans, LA 70163. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. likewise, ClaimsFiler.com will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Changes to These Terms
ClaimsFiler.com may update these Terms in the future for various reasons, including, to accommodate changes in the law or changes to the ClaimsFiler.com Services. We will give you reasonable advance notice of any material changes before we apply them. Notifications will be made in accordance with section 22 above.
If you do not agree to the changes in the Terms, you should stop using the ClaimsFiler.com Services and Software.
Entire Agreement. These Terms (including applicable online guidelines referred to above) make up the entire agreement between you and ClaimsFiler.com and govern your use of the ClaimsFiler.com Services, overriding any previous version of these Terms between you and ClaimsFiler.com about the ClaimsFiler.com Services. You may be subject to additional terms and conditions that may apply when you use or purchase some ClaimsFiler.com Services, affiliate services or content or software from other organizations or persons.
Choice of Law and Forum. Our relationship, these Terms, and any non-contractual obligations in relation to them will be governed by the laws of the United States and the State of Louisiana to the extent that arbitration does not apply.
Neither of us will be considered to have waived any right under these Terms because of failure or delay in exercising that right. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the other provisions of the Terms will remain in full force and effect.
Neither ClaimsFiler.com nor you may transfer any of these Terms except that ClaimsFiler.com may transfer any of the Terms to a company that is a subsidiary or holding company of ClaimsFiler.com, or a subsidiary of that holding company. We will give you reasonable notice before this occurs. Notifications will be made in accordance with section 22 above.
If ClaimsFiler.com or you cannot do what has been promised in these Terms because of something beyond our reasonable control, neither ClaimsFiler.com nor you will be responsible for this. If the events continue for more than three months, ClaimsFiler.com or you can cancel these Terms immediately by giving written notice.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
The words “include” or “including” in these Terms mean without limitation to the words following.
Unless the Terms say otherwise, there will be no third-party beneficiaries to this agreement.
No Right of Survivorship and Non-Transferability. Your ClaimsFiler.com account is non-transferable and any rights to your ClaimsFiler.com ID or contents within your account will be cancelled upon your death. If we receive a copy of a death certificate, the relevant account may be cancelled, and all its contents permanently deleted.
By agreeing to these Terms of Service, you also agree that ClaimsFiler.com may allow third-party law firm(s) to review any information supplied to ClaimsFiler.com for the purposes of monitoring your information for instances of securities fraud, negligence, or breaches of corporate fiduciary duties. In any instance whereby a third-party or associated law firm(s) identifies any such instance, you consent to be notified by such law firm. The subsequent establishment of any attorney client relationship between you and such law firm(s) is not governed by these Terms and Service and shall only be established independently between you and such law firm(s).
ClaimsFiler.com will take all necessary steps to assure that any information or data supplied by you will be held in strict confidence and will also take reasonable measures to help assure that no information will be disclosed by any third-party law firm engaged for such data review.
While there is no attorney-client relationship established by you and any third-party law firm, absent you entering into a retention of said firm, all third-party firm(s) associated with ClaimsFiler.com will keep confidential the information you provide when you ask us to evaluate a possible claim or other legal problem, to the same extent that such information would be confidential if an attorney-client relationship actually existed between you and such firm(s). All information provided by you will remain confidential regardless of whether any third-party attorney-client relationship is created.
ClaimsFiler.com reserves the right to reveal confidential information only if: (1) we believe it is necessary to prevent your committing a crime that is likely to result in death or substantial bodily harm; (2) we must establish a claim or to defend ClaimsFiler.com in a controversy with you; or (3) to respond to allegations about how we have represented you.
Not withstanding the foregoing, Professional and High Net Worth Members of ClaimsFiler.com are entitled to receive unlimited communications with personal Securities Attorneys. To take advantage of this special benefit and to submit your inquiries directly to an Attorney, a special “Contact Lawyer” email link will be provided to you on your profile page. You should use this link to initiate communication directly with your Securities Attorney. Professional and High Net Worth Members are also entitled to received fully contingent legal representation in matters relating to federal securities fraud, negligence and breaches of fiduciary duty claims against publicly traded companies. The ultimate decision to accept legal representation in any matter is subject to the legal analysis and opinion of the Securities Attorney and is final. The establishment of any attorney/client retention agreement for representation is directly between you and the Securities Attorney, independent of ClaimsFiler.com.
Personal Information We May Collect and Where It Comes From
Information You Provide To ClaimsFiler
When you connect your account to your relevant bank, financial institution, or other entity that provides your financial account (“Financial Account”) through our Service Provider Application, you may provide (ClaimsFiler may collect) the following categories of Personal Information:
Authentication information, such as credentials, username, password, security questions and responses, Personal Identification Numbers (PINs), multi-factor authentication responses, security tokens, and/or other information required to authenticate you to connect your Financial Account(s) through our Service Provider Application is not collect by ClaimsFiler.com.
Product and service information, such as registration and payment information, first name, last name, address, email, phone number.
Professional information, including information about your employer and income.
Information We Collect From Your Financial Account
After you have successfully connected your Financial Account(s) through Service Provider Application, we will access and collect information from your Financial Account on your behalf. We will collect the following categories of Personal Information from your Financial Account, which includes information from all accounts accessible through a single set of credentials to a Financial Account:
Balance information, including current and available Financial Account balance;
Investment account information, including transaction information, type of asset, identifying details about the asset, quantity, price, fees, and cost basis;
Identifying information about the account owner(s), including name, email address, phone number, date of birth, and address information; and
Transaction information, including merchant, amount, date, payee, type, quantity, price, location, involved securities, and a memo or description of the transaction.
Information We Collect From Your Devices
Information We Receive About You From Other Sources
When you use the Services in connection with a Service Provider Application or in the process of connecting your Financial Accounts, we may receive identifiers and commercial information about you directly from a Service Provider Application, or other third parties including our service providers and identity verification services. For instance, Service Provider Applications may provide information to ClaimsFiler such as your full name, social security number, date of birth, email address, phone number, or information about your financial accounts and account transactions, and our financial institution partners or service providers may provide information such as the status of a transaction you have initiated.
How We Disclose And Use Information
To provide, maintain, improve, and enhance our Services;
To verify your identity, which is required to give you access to our Services;
To verify your accounts and establish the requested Service with the service provider(s) of your choice, including financial institutions, brokerage houses, technology providers, payment providers and credit card companies;
If you subscribe to a Service requiring payment, to process the initial payment and all subsequent payments;
To help us improve and personalize the content and functionality of our Services;
To help us understand your usage of the Services to improve the Services;
To communicate with you regarding customer service matters, questions and other various comments you may send to us;
To inform you about products, services, offers, and events we offer or sponsor, and to provide news and other information we believe may interest you;
To communicate various technical and administrative messages regarding the Services, including notices of technology updates;
To generate de-identified and/or aggregated data that we may use for any lawful purpose;
To offer you the option to participate in contests or surveys regarding the Services;
Auditing related to a current interaction with the consumer and concurrent transactions;
Debugging to identify and repair errors that impair existing intended functionality;
Undertaking internal research for technological development and demonstration;
To maintain legal and regulatory compliance;
To enforce compliance with our Terms and Conditions and Policies; and
For any other purpose disclosed to you at the time we collect or receive the Personal Information, or otherwise with your consent.
How We Share Your Information
We provide services to or utilize third-party services that may have access to your Personal Information for a variety of business purposes. We only provide your Personal Information to a third party after such third party has a signed a confidentiality contract with us, and we provide your Personal Information to such third parties only for our business purposes. The Personal Information you provide to us will be shared in the following circumstances:
With your consent and at your discretion;
With Service Provider Applications or our approved partners with whom you have enrolled for services;
With third-party service providers that we employ to provide marketing, security, development, or other business processes, or to provide services on our behalf;
When we reasonably believe such disclosure is required to comply with the law, an investigation, or other legal process, such as a court order or a subpoena; or
To service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets.
We may use, share, or publicly disclose or otherwise process your information that has been de-identified, anonymized and/or, aggregated (so that it does not identify you personally) for any purpose permitted under applicable law, including for research and the development of new products.
How We Handle / Secure Your Information
Because we are trusted with your Personal Information, we have implemented administrative, technical, and physical security controls that are designed to safeguard your Personal Information. We maintain physical, electronic, and procedural safeguards that comply with applicable state and federal standards to guard your Personal Information held by us relative to the Services.
Please recognize that protecting your Personal Information is also your responsibility. We urge you to take every precaution to protect your Personal Information when you are on the internet and when you communicate with us and with other parties through the internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser. If you have reason to believe that your interaction with us or our partners is no longer secure, please let us know immediately by contacting us as indicated in the Contact Us section below.
By using our Services, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security breach involving your Personal Information, we may attempt to notify you electronically by sending an email to you. If you have any questions about the security of your Personal Information, please email us at [email protected]
Our Legal Basis for Handling Your Information
Some jurisdictions require us to disclose the legal basis on which we rely to use or disclose your Personal Information. To the extent those laws apply, our legal bases are as follows:
Consent: Where required by law, and in some other instances, we handle your Personal Information on the basis of your consent.
Our contractual obligations to you: Our handling of your Personal Information is to meet our contractual obligations to you, or to take steps at your request in anticipation of entering into a contract with you. Our contractual obligations to you may include the creation of your account and the provision of the Services to you.
We have a legal obligation to use your Personal Information: For example, we may use your Personal Information to comply with tax and accounting obligations, or with a court order.
Legitimate Business Interest: We handle your Personal Information to provide you with our Services and to accomplish our legitimate business purposes (e.g., to improve our Services and for product development purposes). We only rely on our or a third party’s legitimate interests to process your Personal Information when these interests are not overridden by your rights and interests.
Our Services are hosted in the United States. If you choose to use the Services from or other regions of the world with laws governing data collection and use that may differ from United States law, then please note that you are transferring your Personal Information outside of those regions to the United States for storage and processing. Also, we may transfer your Personal Information from the United States to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Services.
If you are located in the European Economic Area, Switzerland or the United Kingdom (“Europe”), we will comply with applicable data protection laws when transferring your Personal Information outside of your jurisdiction. Specifically, we may transfer your Personal Information to countries which have been found to provide adequate protection according to the competent authorities (such as the European Commission), rely on Binding Corporate Rules (“BCRs”) or use contractual protections for the transfer of Personal Information. For more information about how we transfer Personal Information outside of Europe, or to obtain a copy of the contractual safeguards we use for such transfers, you may contact us as specified below.
You must be at least 18 years old to use our Services. We do not knowingly direct our Services to individuals under 18 years old (“Minors”), nor do we knowingly collect, use, or disclose Personal Information about Minors who use our Services. If you use our Services, you represent that you are at least the age of majority under the laws of the jurisdiction of your place of residence. If you believe a Minor has provided us with Personal Information, please alert us at [email protected]. If we learn that we have collected Personal Information from a Minor, we will promptly take steps to delete such information.
We will retain your Personal Information for as long as necessary for the business or commercial reason(s) for which it was obtained or as specified by any ongoing retention requirements found in the law. The manner in which we review our retention requirements for our customers is: (i) the length of time and type of service with our client and provide the Services; (ii) whether there is a legal obligation to which we are subject; and (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
You may, at any time, cancel your ClaimsFiler.com account, any associated email address and access to the ClaimsFiler.com Services by visiting your profile page and requesting an Account Deletion. Upon deleting your account, ClaimsFiler.com will remove all of your personal, portfolio, and transactional data. This information can not be restored.
ClaimsFiler Headquarters: 1100 Poydras Street, Suite 3200 New Orleans, LA 70163 (504) 648-1855