Effective Date: December 3, 2024
Last Updated: December 3, 2024
Welcome to RapidCase! These Terms and Conditions (“Terms”) govern your access to and use of our website, platform, and services. By accessing, browsing, or using our website, platform, or services, you agree to these Terms. If you do not agree, please refrain from using our services.
These Terms constitute a legally binding agreement between you (“User,” “You,” or “Your”) and Rapidcase Inc. (“Company,” “We,” “Us,” or “Our”). By using Our website, platform, or services, You agree to these Terms and Our Privacy Policy.
We reserve the right to change these Terms at any time without prior notice. Continued use of the site constitutes acceptance of the updated Terms.
Users agree not to:
Upload any illegal, harmful, or infringing content.
Reverse-engineer or attempt to extract source code from Our platform.
Use the Services for unauthorized or fraudulent purposes.
Violate any applicable federal, state, or local laws while using Our Services.
We retain all rights, title, and interest in Our platform, services, and all associated intellectual property. By uploading documents, You grant us a limited, non-exclusive license to process the content solely for the purpose of providing summaries and reports based on the documents You submit. You retain ownership of the original content.
By submitting any ideas, suggestions, feedback, or feature requests (“Submissions”) to Us, You agree to the following terms:
Ownership of Submissions
You acknowledge and agree that any Submissions are offered voluntarily and without any expectation of compensation or obligation on the part of the Company. The Company is under no obligation to review, implement, or act upon any Submissions. However, if the Company chooses, at its sole discretion, to use, incorporate, or otherwise implement Your Submissions in any manner, the resulting improvements, enhancements, modifications, or derivative works shall become the sole and exclusive property of the Company. The Company shall have no obligation to acknowledge, compensate, or credit You for Your Submissions.
Rights Granted to the Company
By submitting Your Submissions, You grant the Company an irrevocable, perpetual, worldwide, royalty-free, and fully transferable license to use, implement, market, promote, modify, sell, distribute, and otherwise commercialize the Submissions and any related derivatives in any way, for any purpose, without any compensation or attribution to You.
Waiver of Rights
You irrevocably waive any and all moral rights, economic rights, claims, or entitlements to royalties, compensation, or any other benefits in connection with the Company’s use of the Submissions.
A. Use of Services
The services provided by Us are intended solely as an aid for the handling of personal injury claims. The information produced by the Company in the reports (“Reports”) is not legal advice, medical advice, or a substitute for professional judgment. You must exercise independent judgment and verify the accuracy, completeness, and relevance of any information provided. Use of the Services does not create an attorney-client, doctor-patient, or any other professional relationship between the User and the Company.
B. No Guarantees, Representations, or Warranties
The Company strives to provide accurate and useful Reports; however, the Reports may contain errors, omissions, or inaccuracies. By using the Services, You acknowledge and agree that the Company does not guarantee and does not make any warranties or representations regarding the completeness, timeliness, accuracy, or reliability of any information provided on the Website or Reports. It is Your sole responsibility to independently verify all information and determine its appropriateness for Your specific needs. The Website and Reports are provided “as is” without any warranties of any kind.
C. Limitation of Liability
To the fullest extent permitted by law, the Company’s total liability for any claims, damages, or losses arising out of or relating to the use of the Services, whether in contract, tort, statute, or otherwise, shall be limited to the total amount You paid to the Company for the Report or service giving rise to the claim. Under no circumstances shall the Company be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including, but not limited to, loss of profits, loss of business opportunities, or reputational harm, even if advised of the possibility of such damages.
D. Assumption of Risk
By using the Services, You acknowledge and accept the risk that the Reports may contain mistakes, omissions, or other inaccuracies. You assume full responsibility for any decisions or actions taken based on the information provided by the Company.
You agree to indemnify and hold harmless Rapidcase Inc. and its employees from any claims, damages, or liabilities arising from Your breach of these Terms or misuse of the services.
We may terminate, restrict, or suspend Your access to Our website, Services, Your account, or any portion thereof, at any time and for any reason, including but not limited to a violation of these Terms, without prior notice or liability. You may stop using the Services at any time. Upon termination, we will delete any personal data associated with Your account, except where retention is required by law. The Company reserves the right to change, suspend, or terminate any feature of the website or Services at any time without prior notice or liability.
These Terms are governed by the laws of the State of Florida, without regard to its conflict of law principles.
10. DISPUTE RESOLUTION: BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
A. AGREEMENT TO ARBITRATE
BY USING THE SERVICES PROVIDED BY US, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SERVICES, OR YOUR RELATIONSHIP WITH THE COMPANY, INCLUDING ANY CLAIMS THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS, SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. THIS AGREEMENT APPLIES TO ALL CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.
B. ARBITRATION PROCEDURES
THE ARBITRATION SHALL BE CONDUCTED BY A NEUTRAL ARBITRATOR AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS CONSUMER ARBITRATION RULES. THE ARBITRATION SHALL BE HELD IN MIAMI-DADE COUNTY, FLORIDA, OR AT ANOTHER MUTUALLY AGREED LOCATION, AND SHALL BE CONDUCTED IN ENGLISH. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS AGREEMENT, INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT IS VOID OR VOIDABLE.
C. CLASS ACTION WAIVER
YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
D. INTELLECTUAL PROPERTY RIGHTS EXCEPTION AND FORUM SELECTION
NOTWITHSTANDING THE ARBITRATION PROVISION IN THESE TERMS, EITHER PARTY MAY SEEK JUDICIAL RELIEF IN A COURT OF COMPETENT JURISDICTION FOR DISPUTES OR CLAIMS RELATED TO THE PROTECTION OR ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS, INCLUDING BUT NOT LIMITED TO COPYRIGHTS, TRADEMARKS, PATENTS, TRADE SECRETS, OR OTHER PROPRIETARY RIGHTS.
FOR SUCH DISPUTES, THE EXCLUSIVE JURISDICTION AND VENUE SHALL BE IN THE STATE OR FEDERAL COURTS LOCATED IN MIAMI, FLORIDA, AND BOTH PARTIES HEREBY CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS.
THIS CARVE-OUT APPLIES SOLELY TO INTELLECTUAL PROPERTY DISPUTES. FOR ALL OTHER CLAIMS OR DISPUTES ARISING UNDER OR RELATED TO THESE TERMS, THE ARBITRATION PROVISION SHALL REMAIN FULLY ENFORCEABLE.
The collection and use of personal information in connection with Your access to and use of the Website and Our Services is described in Our Privacy Policy, the terms of which are hereby incorporated by reference. You acknowledge that by using the Website or Our Services, You consent to the data collection, use, and sharing practices described in the Privacy Policy.
If any provision of these Terms is found invalid, the remaining provisions will remain in effect. Failure of the Company to enforce any provision of these Terms or to take action in response to a breach by You or any other user shall not constitute a waiver of the Company’s rights or remedies under these Terms or at law. Any waiver of any provision or right by the Company shall only be effective if it is in writing and signed by an authorized representative of the Company. No verbal waivers, implied waivers, or other actions or inactions shall be deemed to waive any provision or right under these Terms. These terms will inure to the benefit of the Company’s affiliates, successors, assigns, licensees, and any other entities or persons authorized by the Company to perform its obligations or exercise its rights under these Terms.
These Terms constitute the entire agreement between You and Rapidcase Inc.