Last Amended: December 21, 2023
The following terms and conditions (“Terms of Use”) govern use of the Services provided by Arbitration Forums, Inc. (“AF”). The “Services” governed by these Terms of Use include, without limitation:
All Users, by visiting or using any of the Services, agree to be bound by and to comply with the Terms of Use, as amended from time to time. AF reserves the right to add, change, modify, suspend, or discontinue any of the Services at its sole discretion and without notice. Notwithstanding any other provision of these Terms of Use, AF may also impose limits or restrict your access to any of the Services at its sole discretion and without notice or cause.
AF may make changes to the Terms of Use at any time. Any changes AF makes will be effective immediately upon the posting of a revised version of the Terms of Use on the Site. AF expects to review and update the Terms of Use at least quarterly but may do so more frequently.
You agree to be bound by and comply with any and all revisions to the Terms of Use and to periodically visit this page to review the Terms of Use to which you are bound. The “Amended” date above will tell you when the Terms of Use were last amended. By continuing to use the Services after that date, you agree to the changes.
To the extent that these Terms of Use differ from a prior version of the Terms of Use to which you previously agreed, this version of the Terms of Use supersedes and governs. In the event of a conflict between the Terms of Use and any other agreement between you and AF, the Terms of Use shall govern.
The Site, Online Products, and Data Integrations contain, use, reflect, and/or display data, content, software, source code, object code, information, materials, processes, procedures, methods, and techniques that belong to AF (“AF Material”). To the extent that any AF Material is protected by law, including but not limited to copyright, trademark, service mark, trade name, trade style, applications for patents, trademarks and service marks, patent, trade secret, or other intellectual property laws (collectively “Proprietary Rights”), you acknowledge, understand, and agree that AF retains all such rights and that these Terms of Use do not constitute a license for you to use AF Material other than as specifically provided herein.
The Site, Online Products, and Data Integrations also use Case Information (defined below) and Profile Information (defined below). AF Material, Case Information, and Profile Information are collectively referred to in these Terms of Use as “Data and Information.”
By submitting Case Information and/or Profile Information through the Site, any Online Product, or Data Integration, you grant AF a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, transmit, and display your Case Information and/or Profile Information as necessary and appropriate for AF to provide or improve the Services, including without limitation by making Case Information and/or Profile Information known to other Users, arbitrators, or third-party vendors, such as TPAs, as part of the Services.
Services are provided by AF using a proprietary configuration of technology systems, which include, without limitation, the configuration of AF’s hardware, software, any application programming interface (“API”), API keys, infrastructure equipment, hardware and server storage, including database storage, and any other hardware storage, cloud-based storage, cloud-based systems, website or web-based storage locations used to run and support the provision of Services and all related AF Material provided to Users by AF. All technology owned, controlled, or used by AF in the provision of Services are collectively referred to in these Terms of Use as AF’s “Computer System.”
By separate agreement, AF may permit Members or their TPAs to interface directly with the Services through an API, an integration with AF’s Computer System, or by way of a third-party vendor, such as a third-party platform provider (collectively, “Data Integration(s)”). These Terms of Use shall govern use of the Services through Data Integrations, including without limitation any Data and Information obtained through Data Integrations. AF reserves the right to limit or terminate Data Integrations at its sole discretion and without notice or cause.
APIs may only be used to perform actions otherwise permissible under these Terms of Use and may not be used for any other purpose, without express written authorization from AF. You also understand that AF may, from time to time, request additional information concerning your use of APIs and it reserves the right to modify, limit or terminate the use of any APIs, without notice or cause and in its sole discretion.
“Case Information” is any information (other than Profile Information) submitted by a User through the Site, any Online Product, or Data Integration. You agree to limit your submission of Case Information to information relevant to the filing of and/or response to subrogation demands or arbitration claims administered by AF.
Case Information is the sole responsibility of the User submitting such Case Information. You, and not AF, are entirely responsible for all Case Information that you submit or otherwise make available through or for the Site, any Online Product, or a Data Integration. AF does not evaluate Case Information submitted through the Site, any Online Product, or Data Integration and, accordingly, does not guarantee the accuracy, reliability, or quality of such Case Information. You acknowledge, understand, and agree that AF may or may not pre-screen Case Information that is submitted or otherwise made available through the Site, any Online Product, or Data Integration, including, but not limited to, any Personal Information (defined below). You acknowledge, understand, and agree that under no circumstances is AF liable in any way for any Case Information, including, but not limited to, any errors or omissions in any Case Information, the inclusion of any Personal Information in Case Information, or any loss or damage of any kind incurred as a result of or in connection with any Case Information that is present on or made available in connection with the Site, any Online Product, or Data Integration. You agree that AF may, in its sole discretion, refuse to post, store, or transmit any Case Information submitted by you and may move, remove, edit, or modify any such Case Information for any reason at any time without notice.
You agree to refrain, as much as practical, from providing non-public personal information or information about an individual (“Personal Information”), as defined in applicable Privacy Laws (defined below), the use and disclosure of which is restricted by such Privacy Laws. You agree to use all reasonable safeguards and precautions to protect any and all Personal Information from unauthorized dissemination or disclosure, and further agree to use and maintain any Personal Information in accordance with such Privacy Laws. For the purposes of this Agreement, Personal Information shall be defined with reference to the Gramm-Leach-Bliley Act of 1999 and any other applicable federal and state laws and regulations (collectively, “Privacy Laws”) and shall be subject to all applicable privacy and data protections as codified in the Cybersecurity Requirements for Financial Services Companies regulations (22 NYCRR 500), as well as prevailing industry practices. You acknowledge and agree that Personal Information includes, without limitation: (1) any information provided or obtained in relation to an insurance product or service sought by an individual that identifies that individual, including the fact that the individual is or has been a customer of Member(s) or voluntary participants of the Services; (2) any information that a consumer provided to obtain a financial product or service primarily for personal, family, or household purposes; (3) any information about a consumer resulting from any transaction; (4) any information otherwise obtained about a consumer in connection with providing the financial product or service to that consumer; and (5) any list, description, or other grouping of consumers (and public available information pertaining to them) that is derived using any of the foregoing information that is not publicly available information.
You agree to promptly notify AF in writing of any unauthorized, negligent, or inadvertent disclosure or use of Personal Information in connection with the Services, or any subpoena or other judicial or administrative order by a government authority or proceeding seeking access to or disclosure of Personal Information, and shall cooperate with AF to mitigate any such breach (whether actual or suspected) or reasonably object to the scope of any disclosure required by a governmental authority or proceeding.
To become an Authenticated User, you must have the authority to bind your organization through use of the Services, register with AF (directly with AF or through your organization’s AF-authorized security administrator (“Security Administrator”)) and be granted permission to use private areas of the Site and Online Products.
AF reserves the right to deny for any reason any request by a person or organization to become an Authenticated User, or any request for additional Authenticated User credentials. AF also reserves the right to refuse any request, whether by Authenticated Users or others, for access to private areas of the Site, any Online Product, or Data Integrations.
You will be requested to provide certain profile information to create your Authenticated User account. Profile information may include without limitation User identification (“User ID”), password, name, title, department, your company’s name, mailing address, phone number, fax number, email address, and website address (“Profile Information”).
You agree that all Profile Information provided to AF will be true, accurate, current, and complete, and your failure to validate such true, accurate, current, and complete Profile Information shall constitute a breach of these Terms of Use and may result in the immediate termination of your Authenticated User account without notice to you (including, but not limited to, AF’s revoking of your permission to access private areas of the Site or any Online Product). If your Profile Information changes, you agree to promptly update your Profile Information to keep it true, accurate, current, and complete. At all times, you agree to maintain the confidentiality of your password and properly exit from your Authenticated User account at the end of each session.
Authenticated Users shall periodically upon login be required to assent to these Terms of Use.
In becoming an Authenticated User, you agree not to:
You agree to immediately notify AF of any known or suspected unauthorized use(s) of your Authenticated User account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You acknowledge, understand, and agree that you shall be liable for all activities that occur under any Authenticated User account created for your use, even if such activities were not committed by you. AF is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
Upon termination by a Member of its Authenticated User accounts, that Member shall promptly return (or upon request, destroy) any Data and Information, and any and all other materials and information pertaining to the Site, Online Products, or Data Integrations, in its possession as a result of its use of the Services, except that copies may be retained as required for legal archive and/or claim file documentation purposes and as stored in automatic back-up systems.
Members may request (either directly with AF or through their Security Administrator) Authenticated User account credentials to be used by RPA or other automation software (“Robots”). In doing so, a requesting Member must disclose to AF the User ID of the Robot and name of any software that constitutes or controls such Robots, in whole or in part. Robots may not use accounts authenticated for human beings.
Robots may only be used to perform actions otherwise permissible under these Terms of Use, and may not be used for any purposes other than those otherwise permissible under these Terms of Use without express authorization from AF. If you have any questions about the use of Robots, we encourage you to ask us at Legal@arbfile.org.
Members must disclose to AF their purposes for using Robots and such disclosure must identify the Services (including, with specificity, any Data and Information) that any Robot will access, use, or process, and what you intend to do with such Services (including any Data and Information). For the avoidance of doubt, these Terms of Use govern Robots’ processing of Data and Information whether or not such Robots are using the Site or Online Products at the time of such processing. You agree to timely update AF of any changes to your use of Robots, including the scope of such Robots’ access or use of the Services.
You also understand that AF may, from time to time, request additional information concerning your use of Robots and that it reserves the right to limit or entirely prohibit your use of Robots for any reason, at any time, without notice or cause and in its sole discretion.
You do not have permission, express or implied, to use the Services to populate, process, input, use or upload Data and Information into any artificial intelligence (“AI”) technologies, including, but not limited to, large language models, generative AI or for training a machine learning or AI system, without the express written permission of AF. If there is a specific AI use case that you would like AF to consider, please contact us at Legal@arbfile.org.
All Data and Information obtained through use or access to Services, the Site, Online Products, or Data Integrations shall be kept strictly confidential, meaning Users shall not disclose Data and Information to any other party, except as expressly provided for below. Moreover, Users are authorized to use the Services–including all Data and Information–only to the extent and for the purposes enumerated here.
As described more fully herein, Services may only be used to file and/or respond to subrogation demands or arbitration claims administered by AF; to facilitate payment of such claims by way of the Services or other methods not specifically prohibited herein; and for the associated permitted Internal Uses listed below. YOU MAY NOT USE THE SERVICES, INCLUDING ANY DATA AND INFORMATION THAT YOU OBTAIN BY WAY OF THE SERVICES, FOR ANY OTHER PURPOSE.
Permitted “Internal Uses” are:
For the avoidance of doubt, additional permitted uses include:
For the avoidance of doubt, and notwithstanding any other provision of these Terms of Use, prohibited uses include but are not limited to:
The above prohibitions do not apply to any Case Information or Profile Information that you can demonstrate was known to you independent of the Site, any Online Product, or a Data Integration.
If you engage in conduct that AF believes violates these Terms of Use (including, but not limited to, taking any of the prohibited actions enumerated above), AF–at its sole discretion and without notice–may immediately terminate or suspend your access to the Services, including, but not limited to, rescinding or suspending your Authenticated User account.
If you violate the Terms of Use in any way, AF–at its sole discretion and without notice–may immediately terminate or suspend your access to the Services, including by limiting, rescinding, or suspending your Authenticated User account.
You also agree to comply with all applicable statutes, regulations, ordinances or other applicable laws in your use of the Services. You further agree not to:
If you engage in conduct that AF believes is illegal, fraudulent, harassing, abusive, or harmful to other Users or to AF itself (including but not limited to taking any of the actions enumerated above), AF–at its sole discretion and without notice–may immediately terminate or suspend your access to the Services, including by rescinding or suspending your Authenticated User account. Use of any of the Services for illegal, fraudulent, harassing, abusive, or harmful purposes may also be referred to law enforcement authorities at AF’s sole discretion and without notice.
AF has no obligation to notify you or any third parties if it terminates, suspends, or otherwise restricts your access to or use of the Services, and you will be responsible for any damages that may result from such suspension, termination, or restriction.
Any of your Case Information or Profile Information and any other of your information stored or transmitted in any way on or through the use of any of the Services are subject to AF’s Privacy Policy. AF encourages you to read its Privacy Policy, which is incorporated by reference into these Terms of Use.
You acknowledge, understand, consent, and agree that AF may access, preserve, and disclose Profile Information or Case Information that you provide if AF is required to do so by law or if it believes in good faith that such access, preservation, or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Profile Information or Case Information violates the rights of any third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of AF, its employees, partners, agents, or members of the public.
AF may, through the Services, link to third-party websites (“Linked Sites”). These links do not imply AF’s endorsement of or association with the Linked Sites. Linked Sites are not necessarily reviewed, controlled, or examined by AF in any way, and AF is not responsible or liable in any way for any aspect of such Linked Sites or any additional links contained therein.
1) You acknowledge, understand, and agree that the processing and transmission of communications relating to the use of any of the Services may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you acknowledge, understand, and agree that AF will not be responsible or liable for the timeliness, deletion, misdelivery, or failure to store any data, information, or content that you provide through the use of any of the Services.
2) ANY AND ALL OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AF SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, THE INFORMATION ON ANY OF THE SERVICES SHALL IN NO EVENT BE CONSIDERED OR RELIED UPON AS LEGAL ADVICE OR AS A SUBSTITUTE FOR SEEKING THE ADVICE OF A LICENSED ATTORNEY.
3) AF makes no representation or warranty that (a) any of the Services will meet your expectations or requirements; (b) any of the Services will be available, uninterrupted, timely, secure, accurate, complete, or error free; (c) any results or information that may be obtained from the use of any of the Services will be accurate, timely, complete, or reliable; (d) any errors or defects in any of the Services will be corrected; (e) any of the Services will be available or accessible from outside the United States; or (f) any of the Services, Site, and/or the Computer System are free of viruses, clocks, timers, counters, worms, software locks, malware, Trojan horses, trap doors, time bombs, or any other harmful or malicious codes, instructions, programs, or components. Operation of any of the Services may be interfered with by numerous factors outside of AF’s control, including, but not limited to, telecommunications network disruptions. AF is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system, or network used in connection with any of the Services.
4) You acknowledge, understand, and agree that the entire risk arising out of the use or performance of any of the Services remains with you to the maximum extent permitted by law.
5) YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY OF THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF ANY OF THE SERVICES.
1) IN NO EVENT SHALL AF OR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, CONSULTANTS, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, THE INABILITY TO USE, OR RELIANCE ON ANY OF THE SERVICES, OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, PROGRAMS, DATA, OR INFORMATION, EVEN IF AF OR SUCH PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION. IN NO EVENT SHALL AF BE LIABLE FOR OR IN CONNECTION WITH ANY DATA AND INFORMATION POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER, VISITOR OR OTHER PERSON ON OR THROUGH ANY OF THE SERVICES. AF SHALL NOT BE LIABLE, TO ANY EXTENT OR DEGREE, FOR ANY USER’S VIOLATION OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, FOR SUCH USER’S FAILURE TO KEEP CONFIDENTIAL ANY DATA AND INFORMATION THEY OBTAIN FROM THE SERVICES, OR FOR PROVIDING SUCH DATA AND INFORMATION TO THIRD PARTIES WHO FAIL TO KEEP IT CONFIDENTIAL. IN ALL CASES AND WITHOUT EXCEPTION, AF’S ENTIRE LIABILITY TO ANY USER UNDER THESE TERMS OF USE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, WILL NOT EXCEED $2,500.00.
2) AF HEREBY DISCLAIMS ANY LIABILITY TO YOU, THE PEOPLE YOU AUTHORIZE TO ACCESS YOUR ACCOUNT, OR ANY OTHER PARTY FOR ANY DAMAGES OR INJURY THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE YOUR ACCOUNT INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY OF THE SERVICES UNDER ANY LEGAL THEORY OR CAUSE OF ACTION. NEITHER AF NOR ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, CONSULTANTS, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, THOSE ARISING OUT OF THE USE OF ANY OF THE SERVICES OR INABILITY TO GAIN ACCESS TO ANY OF THE SERVICES.
You agree that these Terms of Use may be specifically enforced by AF and that AF shall be entitled to seek other appropriate equitable relief (preliminary and permanent), including an injunction, without the need to show irreparable injury or the inadequacy of legal remedies, and without bond. You agree that violation of these Terms of Use, or any portion thereof, or any breach or threatened breach of any other covenants or agreements contained herein, will cause irreparable injury to AF for which money damages would be an inadequate remedy. Accordingly, you acknowledge and agree that AF shall be entitled to seek specific performance and injunctive and other equitable relief from the breach or threatened breach of any provision, requirement, or covenant of these Terms of Use (including, without limitation, any disclosure or threatened disclosure of Data and Information) in addition to and not in limitation of any other legal or equitable remedies which may be available.
If AF secures any relief relating to your violation of the Terms of Use, or any portion thereof, you further agree to pay AF an amount equal to the aggregate of the costs incurred by AF in obtaining such relief including without limitation reasonable attorneys’ fees, costs of investigation and proof of facts, court costs, other litigation expenses, and travel and living expenses.
The above provisions concerning enforcement and remedies are in addition to any and other rights and remedies provided for under these Terms of Use, or at law and in equity.
You agree to defend, indemnify, and hold AF and any of its directors, officers, members, employees, agents, consultants, parents, affiliates, successors, assigns, suppliers, or service providers harmless from and against any and all claims, actions, proceedings, and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of (1) your use or misuse of any of the Services; (2) your breach or alleged breach of these Terms of Use; (3) your violation of any law, rule, regulation, or rights of others in connection with your use of any of the Services; (4) your use or disclosure of another person’s personal, financial, or credit information or Personal Information; (5) the infringement, violation, or misappropriation of any Proprietary Rights or any other intellectual property rights; or (6) the violation of any property or privacy right arising from any of the information that you post or transmit through the use of any of the Services.
Users of the Services acknowledge that AF is an arbitral organization and expressly agree that any subpoena issued by an attorney or court of competent jurisdiction on their behalf must be served upon AF in accordance with all applicable laws. Users agree that any subpoena must be strictly limited to the Case Information of the arbitration award(s) actually being enforced, confirmed or vacated in a single underlying court action before a court of competent jurisdiction and further agree not to seek the production of any other information, including, but not limited to, information about AF’s Rules, appointed arbitrators, or any subrogation or subrogation arbitration cases administered by AF that involve any party not named in the underlying court action.
These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. In the event of a legal dispute arising out of or related to these Terms of Use, you irrevocably consent to the exclusive personal jurisdiction of and venue in the Federal District Court, for the Middle District of Florida or, should the dispute relate to an amount in controversy insufficient for federal court jurisdiction, then the Circuit Court of Florida, Thirteenth District located in Tampa, Florida. If the dispute reaches the trial phase, all disputes relating to the Terms of Use shall be resolved by a non-jury trial under the laws of the State of Florida.
The failure of delay of AF to exercise any right, power, or privilege under the Terms of Use shall not operate as a waiver of that right. In addition, no waiver of any right under the Terms of Use shall be deemed a waiver of any other right of the same or any other provision of the Terms of Use.
If any provision of the Terms of Use is found to be invalid, illegal, or unenforceable under any applicable law or regulation, it is to that extent deemed to be omitted, and the remaining provisions of the Terms of Use shall not be affected in any way.
The headings of the sections in the Terms of Use are for convenience only and shall not control or affect the meaning or construction of any provision of the Terms of Use.
Neither you nor AF shall be responsible for any violation of the Terms of Use arising by reason of any event, omission, accident, or other cause or matter beyond its reasonable control, wherever it occurs (and, without limiting the generality of the foregoing, it is agreed that in those circumstances, AF shall have no financial liability in the event of any delay in delivery of, or failure for any reason to deliver, the Services).
The effective date of these Terms of Use is December 21, 2023.
If you have any questions about these Terms of Use, you may contact us at: Legal@arbfile.org or by mail at:
Arbitration Forums, Inc.
3820 Northdale Boulevard, Suite 115
Tampa, Florida 33624