Welcome to Xactimatch ("Xactimatch," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website www.xactimatch.com (the "Website") and the applications and services available through our Website or other platforms (collectively, the "Services"). By using our Services in any way, you agree to be bound by these Terms. If you do not agree, do not use our Services.
We reserve the right to modify these Terms at any time, with changes becoming effective when posted. Each time you use our Services, the then-current version of the Terms will apply. If you continue using our Services after modifications, you agree to the revised Terms.
These Terms include a mandatory mutual arbitration agreement ("Arbitration Agreement"), requiring that all disputes be resolved through binding arbitration. You waive the right to participate in a class action or jury trial. Arbitration will be conducted under the rules of the American Arbitration Association (AAA) in Minnesota. See the section "Governing Law & Arbitration" for more details.
By using the Services, you represent that you are at least the age of majority in your jurisdiction or have obtained permission from a parent or guardian. You also agree that any information you submit is accurate and truthful.
We collect personal information in accordance with our Privacy Policy. By using the Services, you consent to our collection and use of your data as described in our Privacy Policy.
Xactimatch is the sole and exclusive owner of the Services and all associated content, including text, graphics, software, data, and other materials ("Content"). The Services and Content are protected by copyright, trademark, and other proprietary laws. Unauthorized use is strictly prohibited.
To access certain features, you must register for an account ("Account"). You are responsible for maintaining the confidentiality of your login credentials and all activity under your Account. If you suspect unauthorized access, notify us immediately.
You may only use the Services for lawful purposes.
Prohibited activities include but are not limited to:
Some Services require payment. Fees are non-refundable except as required by law. By purchasing a paid plan, you agree to pay all applicable fees and authorize us to charge your payment method. Subscription-based services will automatically renew unless canceled before the renewal date.
To the maximum extent permitted by law, Xactimatch and its affiliates are not liable for any indirect, incidental, or consequential damages, including lost profits, data loss, or business interruption, arising from your use of the Services.
You agree to indemnify and hold harmless Xactimatch and its officers, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from your use of the Services or violation of these Terms.
These Terms are governed by the laws of Minnesota, USA, without regard to conflict of law principles. Any disputes not subject to arbitration must be litigated in a court of competent jurisdiction located in Minnesota.
We reserve the right to terminate or suspend your access to the Services at any time for any reason, including violations of these Terms.