Last Updated: November 12th, 2024
Please read these Terms of Use ("Terms") carefully. These Terms apply to your viewing or use of the website, product, or application on which these Terms are posted ("Services"). By viewing or using the Services, you agree to these Terms. References in these Terms to "you," "your," or variations thereof shall mean individual users of the Services as well as you as an individual user together with your employer, an insurance carrier, a repair facility, or a third-party administrator where you are accessing the Services on behalf of one of these entities. References to "CCC," "we," "our," "us," or variations thereof shall mean CCC Information Services Inc. and its affiliates.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, BY ACCESSING THE SERVICES IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THE SERVICES, USING ANY INFORMATION, SUBMITTING INFORMATION TO CCC, AND/OR PARTICIPATING IN OR USING ANY SERVICES, YOU AGREE TO COMPLY WITH APPLICABLE LAWS AND FURTHER AGREE TO BE BOUND BY THE TERMS, CONDITIONS, POLICIES, AND NOTICES CONTAINED UNDER THESE TERMS, INCLUDING, BUT NOT LIMITED TO, TERMS RELATED TO CONDUCTING TRANSACTIONS ELECTRONICALLY, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND A CHOICE OF ILLINOIS LAW (EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY SET FORTH HEREIN).
The Services are only for use by residents of the United States, aged 18 or older and of the age of majority in their jurisdiction of residence. Certain Services are also only for use by prospective and current customers of products or services offered by CCC, current and prospective investors, or media groups. Your use of the Services on behalf of a CCC customer constitutes your acknowledgement that you have the legal authority to bind yourself or any third party you represent to, and your acceptance of, these Terms. You may not use or access the Services if you do not meet the requirements for use or if you do not agree to these Terms.
From time to time we may update the Services and these Terms. Your use of any Services after we post any changes to the Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. CCC may, in its sole discretion, and at any time, discontinue any of the Services or any part thereof, with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services and CCC will have no liability to you if any Services (in whole or in part) are discontinued or your ability to access the Services is terminated.
Use of the Services is governed by CCC's Privacy Policy (found here: https://cccis.com/privacy-policy/). Your use of the Services signifies your agreement to the Privacy Policy.
Depending on your relationship to CCC and the CCC Services you are using, there may also be additional terms, conditions, and agreements that apply to your use of the Services. For example, there may be certain agreements in place between CCC and your employer (collectively, "Customer Agreement") that also apply to your use of the Services. If you are using the Services in the course of your employment, your employer may have additional requirements that apply to you. In the event of any conflict between the Customer Agreement, those additional terms, and these Terms, these Terms will control.
SMS Terms:
The Services may enable you to sign up to receive automated text messages from CCC or related entities (i.e., an insurance carrier, a third-party administrator, or a repair shop). These messages may be informational in nature (i.e., for things like appointment reminders and status updates), among other types of messages. An insurance carrier, third-party administrator, or repair shop may also send a text message to you (e.g., about your appointment or to start a video chat), if that is your preferred method of communication. You are not required to sign up for text messaging in order to use the Services.
Recipients of text messages can opt out at any time by texting or replying STOP to the corresponding short code. We will send a message confirming an opt out. Recipients can also text HELP for help or reach out to privacy@cccis.com. Not all wireless or mobile carriers are covered, and these carriers are not liable for delayed or undelivered messages. Message and data rates may apply, and the message frequency may vary. CCC's use of personal information in connection with text message programs is also governed by CCC's Privacy Notice (found here: https://cccis.com/privacy-policy/).
These Terms, the Privacy Policy, and the Customer Agreement, along with the SMS terms and any other terms or legal notices published by CCC on the Services, shall constitute the entire agreement between you and CCC regarding the Services and your use of the Services. Provisions in these Terms that by their nature are intended to survive termination or expiration of these Terms, shall so survive.
These Terms apply whenever you use or access the Services. You solely are responsible for User Content that you upload, publish, display, link to, or otherwise make available (hereinafter, "post") on this Site. For purposes of these Terms, "User Content" means any communications, images, sounds, and all the material, data, and information that you or that other users post, including, without limitation, any comments. You agree that CCC is only acting as a passive conduit for your online distribution and publication of your User Content. Your permission to use the Services is conditioned upon the Use Restrictions and the Posting and Conduct Restrictions below.
Posting and Conduct Restrictions. The following rules pertain to User Content. By transmitting and submitting any User Content while using or accessing the Services, you agree, represent and warrant as follows:
CCC takes no responsibility and assumes no liability for any User Content that you or any other user or third-party post or send over the Services. You understand and agree that any loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Services is solely your responsibility. CCC is not responsible for any public display or misuse of your User Content. CCC does not and cannot pre-screen or monitor all User Content. However, at CCC's discretion, CCC or technology that CCC employs may monitor and/or record your interactions with this Site. Though CCC strives to enforce its Terms, you may be exposed to content that is inaccurate or objectionable. CCC reserves the right, but is not obligated, to limit or deny a user's access to the Services or take other appropriate action if a user violates these Terms. CCC does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by CCC without the prior review and written approval of CCC. Unauthorized use may result in criminal and/or civil prosecution under federal, state and local law.
Video and Photos. Some of our Services are designed to allow you, as a consumer, to utilize video, live, text, and other chat communications features, including to allow an insurance carrier (or its third-party administrator, agent, or representative) (collectively, an "insurance carrier") to capture, record, and transmit files, photos, or videos (which may be of you and/or of a damaged or totaled vehicle(s)) to assist with the insurance carrier's evaluation. Some Services allow you to make an appointment with a repair facility or submit information to a repair facility for a photo estimate. Other Services are designed to allow you, as an individual authorized by an insurance carrier, to select an assignment from those assigned to you or those available at a certain location, as applicable and: (a) capture photos, record videos, and transmit to an insurance carrier files, photos, and videos, including of damaged or totaled vehicle(s) that you are evaluating; and (b) input information related to a claim for use by the insurance carrier.
When using a Service for any of these purposes, you are solely responsible for limiting the availability of photos, videos, files, text, and related annotations requested by the insurance carrier. Do not include any personal information (about you or about any other person) in any photos, videos, or text submitted, photographed, or recorded when using the Services. You may need to configure your device to allow access to your camera or location as necessary to successfully use the Services for a video chat or call. Everything submitted, photographed, or recorded via the Services will be shared with the insurance carrier, and may be shared by the insurance carrier with other parties. CCC makes no representation that the Services are appropriate or available for use in particular locations.
User Content and Feedback: You may also provide us with comments, feedback, suggestions, improvements, or developments related to the Services or through the Services, via a survey ("Feedback"). You acknowledge and agree that (a) the Feedback does not contain confidential or proprietary information of third parties; (b) CCC is under no obligation of confidentiality regarding the Feedback (express or implied); (c) CCC may have previously or simultaneously developed something similar to the Feedback; and (d) CCC is under no obligation to use the Feedback. By posting any User Content or providing Feedback, you expressly grant, and you represent and warrant that you have a right to grant, to CCC a royalty-free, sub-licensable, transferable, perpetual, irrevocable, nonexclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content, Feedback, and your name, voice and/or likeness as contained in your User Content or Feedback, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services without further compensation to you.
Notwithstanding the foregoing, you further understand and agree that you have no ownership rights to any account you may have with us, or other access to the Services or features therein. CCC may cancel your account and delete all User Content associated with your account at any time, and without notice, including without limitation if CCC deems that you have violated these Terms, the law, or for any other reason.
Mobile Applications: Certain Services are made available to you as mobile applications (each, an "Application"). For clarity, each Application is also included in the definition of "Services." Each Application, including the software (including, without limitation, code, files, images, contained in or generated by the software, accompanying data, Boot ROM code and other embedded software), Application Updates (as defined below), documentation and any accompanying fonts, whether in read-only memory, on any other media or in any other form are licensed to you by CCC subject to these Terms. Neither title nor any intellectual property rights are transferred to you, but rather remain with CCC, who owns full and complete title, and CCC reserves all rights not expressly granted to you. The rights granted to you herein are non-transferable and are limited to CCC's intellectual property rights in the Application and do not include any other patents or intellectual property rights. These Terms grant you permission to use the Application on one device that you own or control - including a smartphone or tablet device - at a time; you may not make the Application available over a network where it could be used on multiple devices at the same time. These Terms do not grant you any rights to use CCC proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third-party devices and accessories for use with the Application. Any use of the Application in any manner not allowed under these Terms or the LAEULA (as defined below), including, without limitation, resale, transfer, modification or distribution of the Application or copying or distribution of text, pictures, music, video, data, hyperlinks, displays and other content provided by the Application is prohibited. You may not (a) remove any copyright, trademark or other proprietary notices from any portion of the Application; (b) decompile, reverse engineer or disassemble the Application or (d) link to, mirror or frame any portion of the Application. These Terms do not entitle you to receive and do not obligate CCC to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Application. You may not modify, alter, copy, publicly display or perform, distribute, create derivative works, of the Application.
If you download and/or use an Application for the iPhone or iPad: You, the end-user of this Application, acknowledge that this agreement is entered into by and between CCC and you and not with Apple, Inc., and Apple, Inc. is not responsible for the Application and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of the agreement set forth in these Terms and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce these Terms. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Application. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). These Terms incorporate by reference the Licensed Application End User License Agreement (the "LAEULA") published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms, the Application is considered the "Licensed Application" as defined in the LAEULA and CCC is considered the "Application Provider" as defined in the LAEULA. If any of these Terms conflict with the terms of the LAEULA, these Terms shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Application (including, without limitation, a third party claim that the Application infringes that third party's intellectual property rights) or your use or possession of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the Application.
Application Updates: CCC may make available for download certain Application updates or upgrades to the Application to update, enhance or further develop the Application ("Application Updates"). The license granted herein allows you to download and use the Application Updates to update the Application on any device that you own or control. These Terms do not allow you to update devices that you do not own or control, and you may not make the Application Updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Application Updates, unless such copy is authorized in writing by Company.
CCC may, at its discretion, automatically download Application Updates to your device. You agree to accept these Application Updates, and to pay for any costs associated with receiving them. The Application and Application Updates are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Application and Application Updates. These laws include restrictions on destinations, end users and end use.
Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Application, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, Application Updates, or any part thereof. Any attempt to do so is a violation of the rights of CCC and its licensors of the Application and Application Updates. If you breach this restriction, you may be subject to prosecution and damages. By storing content on your device, you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The Application and Application Updates may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
If you are a copyright owner or an agent of a copyright owner, and you believe any content on the Services infringes upon your copyrights, you may submit a notification to our designated agent in accordance with the Digital Millennium Copyright Act ("DMCA"). You must include the following information in writing:
If you do not provide all of the required information, your notification may not be effective. For more information, you can review the DMCA, 17 U.S.C. 512(c)(3). Our designated agent to receive notifications under the DMCA is:
Legal Department:
CCC Intelligent Solutions Inc.
167 N. Green St., 9th Floor
Chicago, IL 60607
Phone: 312.222.4636
Email: dmca-legal@cccis.com
You should be aware that, under the DMCA, you may be held liable for damages (including costs and attorneys' fees) if you materially misrepresent that content or activity on the Services is infringing on copyright.
The Services and this domain, as well as any trademarks, logos, service marks, slogans, product names, designations, APIs, and other proprietary content ("CCC Content") are owned by CCC or its licensors. You acknowledge and agree that CCC and CCC's licensors retain ownership of all intellectual property rights of any kind related to CCC Content, including applicable copyrights, trademarks and other proprietary rights, and that CCC Content is protected in the US and internationally by a variety of laws, including but not limited to copyright laws and treaty provisions, trademark laws, patent laws, and other intellectual property and proprietary rights laws. Other product and company names that are mentioned on the Services may be trademarks of their respective owners. CCC Content may not be used as a username, icon, identify, hyperlink, or in any other manner without CCC's prior written permission. CCC reserves all rights that are not expressly granted to you in these Terms.
As part of the Services, CCC may provide you with convenient links to third party services or content ("Third Party Content"). For example, portions of our Services are licensed from Sightcall, Inc. and Autodata, Inc. dba Chrome Data. This Third-Party Content is provided as a courtesy to Services visitors. CCC has no control over linked Third Party Content or the promotions, materials, information, goods, or services available on Services that are Third Party Content. All statements and/or opinions expressed in the Third-Party Content are solely the opinions and responsibility of the third party providing those materials. CCC does not endorse third party services or the Third-Party Content and does not and cannot pre-screen or monitor Content. Different terms of use and privacy policies may apply to Third Party Content. CCC is not responsible for and does not endorse or warrant any materials, information, goods or services available through any Third-Party Content or any privacy or other practices of such third parties. CCC may terminate any link at any time. CCC shall not be liable for any products, services or the Third-Party Content of third parties or the accuracy of any such products, services or the Third-Party Content.
CCC strives to accurately describe available APIs and provide updated information. Some Services may have information about repair shops and their products and services. However, CCC does not warrant that descriptions of repair shops, APIs, third parties' products and services, or other information on the Services are current, complete or free from error. These third parties are solely responsible for keeping information provided for use on the Services or about their businesses, locations, products, and services up to date and accurate. Moreover, to the extent that content displayed is Third Party Content or otherwise licensed from third party sites, only those third party content suppliers are responsible for the accuracy or completeness of the content they make available. CCC makes no representations about the reliability of the features of the Services, the CCC Content, User Content, or any other feature, and disclaims all liability in the event of any service failure. THE MATERIALS AND INFORMATION ON AND/OR PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INVESTMENT, PROFESSIONAL, LEGAL OR OTHER ADVICE OR AN OFFER TO SELL, OR A SOLICITATION OF AN OFFER TO BUY OR AN INVITATION OR INDUCEMENT OF ANY SORT TO ANY PERSON. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH MATERIALS, SYSTEMS OR INFORMATION WILL BE AT YOUR OWN RISK, INCLUDING ANY RELIANCE ON THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, USEFULNESS, OR APPROPRIATENESS OF THE SERVICES OR THEIR CONTENT. NONE OF THE CONTENT ON THE SERVICES IS AN OFFER TO SELL, OR A SOLICITATION OF AN OFFER TO BUY, ANY SECURITIES OF CCC, ANY CCC AFFILIATE OR ANY OTHER COMPANY. NEITHER CCC, NOR ANY OF ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS OR SUPPLIERS MAKE OR HAS MADE ANY RECOMMENDATIONS REGARDING THE SECURITIES OR INVESTMENT SERVICES OF ANY PERSON OR ENTITY WITH RESPECT TO THE CONTENT ON THE SERVICES, OR OF THE ADVISABILITY OF INVESTING GENERALLY FOR ANY PARTICULAR INDIVIDUAL. CCC MAKES NO REPRESENTATIONS REGARDING THE AMOUNT OF TIME THAT ANY CCC CONTENT OR USER CONTENT WILL BE PRESERVED.
Any part of CCC may have or have had an interest or holding, relationship or other arrangement with the transactions, financial or investment products, securities, and other services discussed on or accessible through the Services, which may be material. Potential investors should refer to the applicable offering documents for information about such products or services and in particular, the potential conflicts of interest discussed therein.
The Internet may be subject to breaches of security. CCC is not responsible for any resulting damage to any user's device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure, or any technical or other malfunction. You should also be aware that email and other submissions over the Internet may not be secure, and you should consider this before emailing CCC any information or posting information to the Services. CCC makes no representation or warranty whatsoever regarding the suitability, functionality, performance, availability, or operation of the Services. The Services may be temporarily unavailable due to maintenance or malfunction of computer equipment.
THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SERVICES OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CCC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, "DAMAGES") THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL CCC BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND CCC's REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL CCC OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF CCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING PARAGRAPH MAY NOT APPLY TO THE EXTENT APPLICALBE LAW LIMITS CCC'S ABILITY TO LIMIT DAMAGES THAT ARE THE RESULT OF CCC'S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S), OR INTENTIONAL MISCONDUCT.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SERVICES ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
If you have a dispute with one or more users or a repair shop featured on the Services, you release CCC and CCC's parent, subsidiaries, affiliates and joint ventures, and each of their officers, directors, employees, agents, licensors and partners, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You agree to defend, indemnify, and hold harmless CCC and its officers, directors, employees, agents, licensors, and partners from and against all claims, damages, obligations, losses, liabilities, costs, expenses (including without limitation, reasonable attorney's fees) arising from your access or use of the Services or CCC Content (including access or use in violation of these Terms) or any User Content or Feedback provided by you. This indemnification obligation will survive these Terms and your use of the Services.
If your use of the Services is governed by a Customer Agreement, any disputes between us will be resolved through the dispute resolution mechanism agreed upon in the applicable Customer Agreement.
Any other use of the Services shall be governed by these Terms and the federal laws of the United States of America and the laws of the State of Illinois, and any action related to such use of the Services will be filed only in the appropriate state or federal court located within Cook County in the State of Illinois. By using the Services, you signify your consent to the jurisdiction of the state and/or federal courts in Cook County in the State of Illinois.
You agree that, to the extent permitted by applicable law AND SUBJECT TO AN APPLICABLE CUSTOMER AGREEMENT, any and all disputes, claims, and causes of action arising out of or connected with ANY Services and/or these Terms, will be resolved individually, without resort to any form of class action. These Terms operate to the fullest extent permissible by law.
Any dispute, claim, or controversy, whether in tort, contract, or otherwise, arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding, individual arbitration. Any disputes regarding arbitrability will be decided by the arbitrator. This Agreement does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. No arbitration will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. The Parties understand and agree that all disputes shall be arbitrated on an individual basis and that they are waiving any right to sue in court and have a jury trial as well as any right to proceed in a class, consolidated, or representative fashion.
Any disputes regarding arbitrability will be decided by the arbitrator. The arbitration will be administered by (a) the American Arbitration Association under its Commercial Arbitration Rules, (b) JAMS Dispute Resolution Experts under its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, or (c) another arbitration provider agreed upon by the parties. The arbitration will be conducted by a single arbitrator in English in Chicago, Illinois (unless such location would be prohibitive to a consumer, in which case, an alternative location will be agreed upon by the Parties) and will be governed by the laws of the state of Illinois.
The award of the arbitrator shall be accompanied by a statement of the reasons upon which the award is based. This agreement is governed by the Federal Arbitration Act, and any award shall be subject to judicial confirmation in any court having jurisdiction. If any part of this paragraph is deemed illegal, unenforceable or invalid, then that portion will be severed, and it shall not operate to invalidate any other portion of this paragraph.
This clause shall not preclude parties from (a) seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction; or (b) seeking remedies in small claims court for disputes or claims within the scope of small claims jurisdiction.
No waiver by CCC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CCC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
CCC may assign its obligations under these Terms, in whole or in part, at any time with or without notice to you. You may not assign you obligations under these Terms, in whole or in part, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the Services.
Both you and CCC acknowledge and agree that no partnership is formed and neither you nor CCC has the power or the authority to obligate or bind the other. The failure of CCC to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities, or for any other reason beyond the reasonable control of CCC, shall not be deemed a breach of these Terms. These Terms constitute a binding agreement between you and CCC, and are accepted by you upon your use of the Services. The section titles in these Terms are for convenience only and have no legal or contractual effect.
The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms. You may not use or otherwise export or re-export any Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, an Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using an Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use an Application for any purposes prohibited by United States laws.
If you have questions about the Services or a request made on the Services, please reach out to your account team or contact us directly at legal@cccis.com.
