TERMS AND CONDITIONS OF SERVICE:
This policy applies to Field Adjuster, Inc. and our accompanying website FieldAdjuster.com.
The Website is an online network service provider operating for Field Adjuster, Inc. Member access and use of the Website is subject to compliance with the TERMS AND CONDITIONS set forth below. Please review this document carefully before accessing or using our services.
Customers must signify the acceptance of this agreement by clicking the “I ACCEPT” button at the bottom of the sign-up form.
By accessing and/or using this Website, you agree to be legally bound by the TERMS AND CONDITIONS set forth below. This Agreement may be modified at any time by Field Adjuster, Inc., and any such modification shall be effective immediately upon the posting of the modified agreement. We will communicate any changes of this policy to our members, but by your access and use of the Website, you agree to periodically review this Agreement and shall be conclusively bound by any such future modifications.
Description of Service
Field Adjuster is an online application of tools and resources used by adjusters, vendors, adjusting and insurance companies to locate, deploy, recruit, and market their businesses. Field Adjuster users can connect (‘network’) with thousands of users from around the country and access a full line of tools and resources to aid their work while in the field and traveling. Adjusting companies and carriers subscribe to our service to better aid them in roster development and adjuster recruiting along with maintaining adjuster credentials. Vendors that use our service do so to promote their companies to our members through a series of features such as marketing and advertising. This is done through their respective company profiles.
Field Adjuster assists adjusters and client adjusting companies by better organizing and maintaining a reputable roster of qualified adjusters in all areas of the country. It is a goal of Field Adjuster to streamline and eventually eliminate the countless employment/roster applications each year with various companies. An adjuster’s application to Field Adjuster, along with any additional tests and verifications by Field Adjuster, Inc., is accepted by all of our client companies.
The information collected in an adjusters’ sign-up application is necessary to provide an efficient service to the companies looking for independent adjusters. Provision of the requested information is voluntary on the part of the adjuster; however, omission of any information can result in delayed processing and/or misrepresentation of the adjuster’s qualifications. By submitting requested information, you authorize Field Adjuster to verify all fields and to contact you with any questions or concerns.
Membership Eligibility
The Field Adjuster service is not available to minors under the age of 18 or to any users suspended or removed from the system by Field Adjuster for any reason. Although non-licensed adjusters (some states do not require licensure) are welcome, the primary purpose is for those adjusters currently handling claims in the field, or seeking work within the industry. All companies must be officially licensed in the state in which they register (if that state requires licensure) and must provide services that they promote to other members. Additionally, users are prohibited from selling, trading, or otherwise transferring their Field Adjuster account to another party. If you do not qualify, you may not use the Field Adjuster service.
Membership is open to claims adjusters, adjusting companies, insurance companies and qualified service providers. The term adjuster shall refer to: independent adjusters, staff adjusters, file examiners, supervisors, managers, and any individual who currently holds a valid adjuster's license in their home state (if applicable). Field Adjuster does not include, nor do we accept participation from Public Adjusters, attorneys, or their accompanying organizations.
Membership Maintenance:
All members of Field Adjuster are required to maintain active status within the claims industry. During the course of the membership, changes in information (i.e. licenses, certifications, services provided, etc.) are expected to be updated within 30 days of the change. This is to ensure proper representation of our members and the reliability of the Field Adjuster service.
Goals & Guarantees of Membership:
The goal of Field Adjuster is to supply the industry a streamlined process of locating and deploying insurance adjusters, while maintaining an active roster of adjusters and their accompanying credentials. However, due to the nature the industry, opportunities will fluctuate; thus, Field Adjuster, Inc. cannot guarantee any adjuster deployment at any time. Adjusters are encouraged to independently seek deployment opportunities.
Membership Requirements:
During the course of the year, deployment opportunities may become available to the adjuster. It is important that communication among Adjusting Companies and Adjusters not be interrupted. It is expected and required by Field Adjuster, Inc. that the adjuster promptly respond to these communications within 24 hours to indicate his/her availability and / or intentions to work.
Use of Service
Your use of the Field Adjuster network is governed by this User Agreement. Field Adjuster may refuse service without prior notice to any user for any or no reason. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Field Adjuster of any unauthorized use of your password, account, or any other breach of security. Field Adjuster cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Termination
You agree that Field Adjuster may, with or without cause, immediately terminate your account and access to the services without prior notice. Without limiting the foregoing, the following will lead to a termination by Field Adjuster of a user’s account (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your Field Adjuster account includes denial of access to all offerings within the Field Adjuster service and may also bar you from further use of Field Adjuster. Furthermore, you agree that all terminations shall be made in Field Adjuster’s sole discretion and that Field Adjuster shall not be liable to you nor any third-party for any termination of your account or access to the Field Adjuster service.
Adjuster Specific:
Participation in Field Adjuster is voluntary. As a member, Field Adjuster will review the progress and performance of our member adjusters with various companies and will provide an overall “Field Adjuster Score” (65-99). An adjuster's membership may be suspended and/or terminated for any of the following reasons: multiple negative reviews from clients or other members; acts that bring potential legal issues to the adjuster; unethical or unprofessional actions during deployment; providing false or misleading information to Field Adjuster or our client companies (i.e. falsely claiming certifications and/or licenses); failure to respond to communications from Field Adjuster or client companies during deployment; failure to comply with client company guidelines during deployment; using the service for any purpose other than what is intended.
Vendor / Business Specific:
Participation in Field Adjuster is voluntary for vendors and businesses as well. Field Adjuster reserves the right to cancel any business member that does not comply with these Terms & Conditions. Additional causes for termination may result from unethical business practices, lack of consistent or false company information, negative reviews from member adjusters or carriers, negative publicity, or any other action or inactions that result in a negative towards Field Adjuster and or other members.
Fees:
Signing up for a basic or local Field Adjuster account is $15.95/month for all members. This includes all adjusters, vendors, adjusting companies, and insurance companies. These charges are presented clearly to our users during each ‘sign-up’ process. Subscriptions to Field Adjuster are billed on a monthly (every 30 days) basis from the date of the initial sign-up or from the date of the upgraded package. Field Adjuster reserves the right to modify the pricing of, add to, or discontinue a Field Adjuster service or any portion thereof without prior notice. Any changes to these features will be communicated by Field Adjuster to all subscribing members ahead of such changes.
Refund Policy
Field Adjuster will gladly stop monthly automatic billing on any account or service provided. If you request your membership to be canceled, your account will no longer be billed, starting with the following month.
Due to the nature of the claims industry, along with the time and expense of maintaining an adjuster's file, a minimum one year commitment is preferred; although not required to join. Fees paid are non-refundable, but a membership may be canceled with 30 days written-notice prior to the completion of the current term. If your membership was originally activated using a promotional code or coupon and you cancel your membership, but then decide to return, you will not be eligible for our current promotions being offered at that time. All promotions offered are limited to new customers only.
Advertising with Us:
Field Adjuster also offers member businesses and outside venders the ability to advertise on specific pages within the Field Adjuster site through traditional “banner ads.” These services are offered on a monthly basis, with additional options to purchase ad space for longer periods. All ad space is sold on a first come first serve basis, and is limited in slots.
Due to the specific nature of our members and the business they conduct, Field Adjuster has the right to refuse certain ad campaigns that we feel do not pertain to the nature and interests of our members.
All ad campaigns are non-refundable for the duration of the campaign. However, if you no longer feel that the ad running suits your business needs, we will gladly stop the campaign at any time.
If you have any questions, comments or concerns about our refund policy, you may contact us by emailing Support@FieldAdjuster.com
User Conduct
You understand and agree not to use Field Adjuster to:
• Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
• Use the Field Adjuster service for any illegal purpose, including but not limited to conspiring to violate laws.
• Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
• Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Stalk or harass anyone.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Field Adjuster service.
• Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field.
• Interfere with or disrupt the Field Adjuster service or servers or networks connected to the Field Adjuster service, or disobey any requirements, procedures, policies or regulations of networks connected to the Field Adjuster service.
International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States, or the country in which you reside.
Information Provided on this Website
In the course of using Field Adjuster, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on the Field Adjuster website or otherwise providing materials to Field Adjuster, you are granting to Field Adjuster a royalty-free, perpetual, irrevocable license to use this information in the course of offering the Field Adjuster service. Furthermore, you understand that Field Adjuster retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the Field Adjuster is the sole responsibility of the person from which such content originated and that Field Adjuster will not be liable for any errors or omissions in any content. You understand that Field Adjuster cannot guarantee the identity of any other users with whom you may interact in the course of using the Field Adjuster service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.
Additionally, Field Adjuster allows users to create and/or update their own Profile. Any information provided by a user to be part of his or her Profile will be available to the public as part of the Field Adjuster service. Users who create and/or update their own Profile can change or delete any information they provide if they choose to do so. Please use caution when posting personal identifiable information.
Access to Service
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Field Adjuster website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
Communications
In the course of providing you our service efficiently, Field Adjuster may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the Field Adjuster network including a series of emails which help inform new users about various features and upgrade opportunities. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through Field Adjuster.
Monitoring and Enforcement
While we have the right to monitor activity and content associated with Field Adjuster, we are not obligated to do so. And since we do not, and may not have the ability to control or actively monitor content, we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.
Use of the Site
You are responsible for the content and accuracy of all news copy and other information submitted by you to Field Adjuster. Because of the volume of information and copy submitted to Field Adjuster, we cannot be responsible for verifying facts contained in Submitted Materials.
Field Adjuster reserves the right (i) to reject or edit Submitted Materials; and (ii) to remove any press release from its web site, pull any press release from distribution or deny approval to any press release. Field Adjuster can only remove Submitted Materials from its network, and Field Adjuster makes no representation or warranty regarding the removal of Submitted Materials from sites outside of the Field Adjuster network.
Field Adjuster endeavors to disseminate Submitted Materials promptly and accurately. Any inadvertent errors by Field Adjuster will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of Field Adjuster in this regard.
All Submitted Materials transmitted by Field Adjuster must align itself with a Field Adjuster Profile which must contain (at least) a user-supplied contact name and phone number and a clearly identifiable source. The source gives legitimacy to the release by indicating who is responsible for the content and cannot be the name of an agency issuing news on your behalf.
Field Adjuster does not warrant specific placement of any news release nor pick up on any news release on its wire, but will deliver a news release to the appropriate media point where an editor or reporter will best be able to decide on usage.
You agree to use the Service for its intended purpose and not for any illicit purposes including, but not limited to, the reverse engineering of the site and/or its processes and the inclusion of such processes or services in a derivative service. You shall not query, spider or access any Field Adjuster systems with the express written consent of Field Adjuster.
Right of Cancellation
The User may cancel registration for a membership by contacting Field Adjuster directly at Support@FieldAdjuster.com without stating any particular reason. WHEN YOU CANCEL YOUR ACCOUNT, YOUR ACCOUNT WILL REMAIN ACTIVE UNTIL THE END OF YOUR CURRENT SUBSCRIPTION MONTH UNLESS OTHERWISE TERMINATED. SUBSCRIPTION FEES WILL NOT BE PRORATED OR REFUNDED FOR PARTIAL USAGE. To reinstate a canceled membership, contact Field Adjuster directly at Support@FieldAdjuster.com.
Consequences of cancellation
In the event of cancellation, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains (e.g. interest). This means that all activity related to your profile becomes the sole possession of Field Adjuster.
On-Hold Status & Fees
It is up to each paid member to keep their subscription settings (i.e. credit card) information current. Subscribers whose billing information becomes invalid (i.e. insufficient funds, expiration, etc), will be placed On-Hold and will not have access to the features paid for on Field Adjuster. Members who are placed On-Hold will be provided with a series of email notifications and a banner alert notification presented at the time of login. Those members whose credit card remains delinquent repeatedly will be subject to a $19.00 monthly processing fee which is used to off-set additional costs incurred by Field Adjuster to manage and maintain the billing cycle for the subscriber. At the time that a member’s credit card is not accepted for payment, all features within the paid portion of the account will stop running immediately until an acceptable form of payment is received.
Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless Field Adjuster, LLC, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Field Adjuster; ii) unauthorized access to or alteration of your communications with or through Field Adjuster, or iii) any other matter relating to Field Adjuster. Any business transactions which may arise between users from their use of Field Adjuster are the sole responsibility of the users involved.
Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Field Adjuster may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Field Adjuster, its users, and the public.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE Field Adjuster SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT Field Adjuster DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. Field Adjuster ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. Field Adjuster EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Field Adjuster MAKES NO WARRANTY THAT (i) THE Field Adjuster SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE Field Adjuster SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE Field Adjuster SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Field Adjuster SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Field Adjuster SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Field Adjuster OR THROUGH OR FROM THE Field Adjuster SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Entire Agreement
The User Agreement constitutes the entire agreement between you and Field Adjuster and governs your use of the Field Adjuster service, superseding any prior agreements between you and Field Adjuster.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Field Adjuster SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Field Adjuster HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL Field Adjuster’s TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.
Governing Law
The User Agreement between you and Field Adjuster, LLC will be governed by and construed in accordance with the laws of the State of Alabama without regard to conflict of laws principles.
General Information
Field Adjuster, the Field Adjuster logo, and other Field Adjuster logos and names are trademarks of Field Adjuster, LLC. You agree not to display or use these trademarks in any manner without Field Adjuster’s prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect.
Please send any questions, comments, or report violations of the User Agreement to:
Field Adjuster, LLC.
Attn: User Agreement Issues
P.O. Box 91354
Mobile, AL 36609-1354
Field Adjuster may be contacted at any time by emailing Support@FieldAdjuster.com. We can also be reached at any time by submitting a contact form on the site.
Contact / Questions:
Should you have any additional questions, comments or concerns, please do not hesitate to contact us directly. It is our policy to openly communicate any and all changes with our members and to help develop the adjusting industry. We are here to help and open to discuss all inquiries.