Please read these Terms of Use ("Terms") carefully. By downloading, accessing or using the mobile applications, websites or other products or services (collectively, the "Services") of VistaClaim, Inc. and our affiliates ("VistaClaim", "we" or "us"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.

We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services or updating the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete VistaClaim.

By using the VistaClaim application you agree to let VistaClaim collect information about your usage of the application. You agree that we will share the fact that you took these actions with the sender of the message. For more information about the information we collect from you and your device and VistaClaims's privacy practices, please review our Privacy Policy.

The Services consist of interactive features that allow users to create, post, transmit and/or store content, including but not limited to photos and text (collectively, "User Content"). You understand that your User Content may be viewable by others.

You agree that you are solely responsible for your User Content and that VistaClaim is not responsible or liable for any User Content. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete User Content at any time and for any reason.

You retain all ownership rights in your User Content. However, by submitting User Content to VistaClaim, you hereby grant us a nonexclusive, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content in connection with the Services, subject to your use of privacy settings in the Services to control who can see your User Content.

Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "VistaClaim Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of VistaClaim Content may violate such laws and these Terms. Except as expressly provided in these Terms, VistaClaim does not grant any express or implied rights to use VistaClaim Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, VistaClaim Content, the Services or any related software, except as expressly stated in these Terms.

You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and VistaClaim Content. This license is revocable at any time. This license is subject to these Terms and does not include:

• The distribution, public performance or public display of VistaClaim Content
• Modifying or otherwise making any derivative uses of the Services or VistaClaim Content, or any portion thereof
• Use of any scraping, data mining, robots or similar data gathering or extraction methods
• Downloading (other than page caching) any portion of the Services, VistaClaim Content or any information contained therein, except as expressly permitted on the Services
• Accessing the VistaClaim API with an unauthorized or third-party client and
• Any use of the Services or VistaClaim Content other than for their intended purposes

Any use of the Services or VistaClaim Content other than as specifically authorized in these Terms, without the prior written permission of VistaClaim, is strictly prohibited and will terminate the license to use VistaClaim granted in these Terms.

In addition to the other restrictions outlined in these Terms, you agree that you will not:

• Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms;
• Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully utilizing the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
• Compromise the security of the Services;
• Send any unsolicited or unauthorized advertising, spam, solicitations or promotional materials;
• Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
• Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services;
• Use or attempt to use another user's account without authorization;
• Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Services that you are not authorized to access;
• Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
• Impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Violate the publicity, privacy or data protection rights of others, including by taking pictures of another individual without receiving that individual's consent;
• Infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Develop any third-party applications that interact with User Content or the Services without our prior written consent; and
• Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.

You further agree to abide by any third-party terms that apply when posting reviews of VistaClaim, including the iTunes App Store Terms of Service and/or the Android Market Terms of Service.

This section is about the possibility that we may change the Services in the future.

We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.

THE SERVICES AND THE VISTACLAIM CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE VISTACLAIM ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS.

1) Indemnification

By agreeing to these Terms you agree to indemnify, defend and hold harmless VistaClaim, our managing members, shareholders, employees, affiliates, licensors and suppliers (the "VistaClaim Parties") from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; (c) your violation of these Terms; or (d) your violation of the rights of another.

2) Limitation of Liability

Except where prohibited by law, in no event will VistaClaim or the VistaClaim Parties be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if VistaClaim has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against VistaClaim for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, VistaClaim is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services or any content, VistaClaim's liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

3) Arbitration

You and VistaClaim agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and VistaClaim are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and VistaClaim agree (a) that any arbitration will occur in Kane County, Illinois; (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (c) that the state or federal courts of Kane County, Illinois have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND VISTACLAIM WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.

4) Forum and Venue

A lawsuit, if any, by you or VistaClaim against the other will occur in state or federal court in Kane County, Illinois. You and VistaClaim agree that the jurisdiction and venue of these courts is exclusive.

Any dispute between you and VistaClaim will be governed by these Terms and the laws of the State of Illinois and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and VistaClaim.

VistaClaim welcomes comments, questions, concerns, or suggestions. Please send feedback to us