TERMS AND CONDITIONS

1. Acceptance of Terms
Accident Report Gwinnett LLC (referred to as “Company,” “us” or “we”), provides the website (https://accidentreportgwinnett.com (referred to as the “Site”), as well as providing access to public accident records and access to professionals who service individuals involved in MOTOR vehicle accidents (collectively referred to as “SERVICES”), subject to your compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreement(s) between us and you. We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and SERVICES after such modifications will constitute acknowledgement and acceptance of the modified Terms. As used in these Terms, references to our “ASSOCIATES” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and SERVICES available on this Site. BY USING THIS SITE AND SERVICES ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, SERVICES OR PRODUCTS AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. THESE TERMS ARE EFFECTIVE THROUGH YOUR CONTINUED USE OF THE SITE AND ALSO BY EXPRESSLY INDICATING YOUR ACKNLOWLEDGMENT AND AGREEMENT THERETO BY SUBMISSION OF FORMS ON THE SITE. THIS AGREEMENT INCORPORATES BY REFERENCE THE PRIVACY POLICY AVAILABLE AT HTTPS://ACCIDENTREPORTGWINNETT.COM /PRIVACY-POLICY

2. SERVICES SERVICES. Company provides a number of SERVICES for users on its Site, including providing access to public accident records and access to professionals who PROVIDE SERVICES TO individuals involved in vehicle accidents. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access). No Guarantee. Although Company works hard to provide quality SERVICES, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or SERVICES available on this site. Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with SERVICES. You agree that the SERVICES available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings.

3. Site Conduct, Posting Policies & Third Party Websites
User-Created Content Guidelines.: Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any disclosures of personal information you provide to us and third-parties through the Site. By posting information on the Site, or by otherwise using any communications service or other interactive service available on the Site, you agree that you will not post comments, messages, links, code or other information that:
i) is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, torturous, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
ii) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
iii) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
iv) consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
v) contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
vi) breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site;
vii) impersonates any person or entity, including any of our employees or representatives. By submitting information to obtain accident records, you agree that you are requesting the information for yourself or as agent for someone else who is an accident victim or other person, to which you are authorized to obtain and disclose accident records in conformity with the Drivers Privacy Protection Act (DPPA) (18 U.S.C. § 2721, et seq.) and applicable state and local law.
By submitting a request for AN ACCIDENT REPORT and indicating that you wish to receive a call, you are consenting and requesting to receive communications via phone, electronic mail, or other means from participating third-party attorneys and staff, as well as doctors/staff concerning your accident records request and any actual or potential claims or injuries you may have in connection with the accident event.
BY SUBMITTING A REQUEST FOR AN ACCIDENT REPORT, YOU WILL ALSO HAVE THE OPTION TO OPT-OUT OF THESE COMMUNICATIONS WITH LEGAL OR MEDICAL PROFESSIONALS AT ANY TIME, BY FOLLOWING THE OPT-OUT INSTRUCTIONS IN THE COMMUNICATION.
BY SUBMITTING YOUR REQUEST TO RECEIVE AN ACCIDENT REPORT, YOU ARE AGREEING TO ALLOW ACCIDENT REPORT GWINNETT LLC TO SHARE YOUR NAME, PHONE NUMBER, AND EMAIL ADDRESS WITH THIRD-PARTIES, WHO YOU HAVE REQUESTED CONTACT YOU REGARDING PRODUCTS AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO, LEGAL SERVICES, MEDICAL SERVICES, AND INSURANCE COVERAGE SERVICES. IF YOU WISH TO OPT-OUT OF THESE COMMUNICATIONS, YOU WILL HAVE THE OPTION TO DO SO, BY FOLLOWING THE OPT-OUT INSTRUCTIONS IN THE COMMUNICATION.
No Endorsement. Company neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor comments posted on the Site, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
We do not endorse or recommend professionals, including but not limited to doctors, attorneys, or other members to whom access is facilitated through the site. We do not provide any warranty whatsoever as to the quality or competency of such professionals. Although your information may be provided to healthcare and legal professionals through submissions made by you on the Site, the use of this these services neither forms nor otherwise gives rise to patient–doctor privilege, attorney-client privilege, or any other form of privileged communication recognized by statute or common law.
Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.
No warranty for Third-Party Infringement. Neither we or our ASSOCIATES warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.

5. Content You Create.
Your Intellectual Property Rights. Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all rights to the User Content, you grant us (including our employees and ASSOCIATES), a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used. We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Company-or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. §?512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
If you believe that you or someone else’s copyright has been infringed by Company-or User Content provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice, if you have legal questions, you should consult a licensed attorney. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
i) Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
ii) Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
iii) The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
iv) A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;
v) A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
vi) The Rights Holder’s electronic signature.
Notice may be sent to:
By Mail: Leonid Felgin, Esq.
4554 Jimmy Carter Boulevard, Norcross, Georgia 30093.
With email copy to Lfelgin1@gmail.com
Counter-Notification If material that you have posted to our Site has been taken down, you may file a counter-notification that contains the following details:
i) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
ii) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
iii) Your name, address and telephone number;
iv) A statement that you consent to the jurisdiction of federal district court in the NORTHERN District of GEORGIA, ATLANTA DIVISION, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.
v) Your physical or electronic signature.
Notice may be sent to:
Notice may be sent to:
By Mail: Leonid Felgin, Esq.
4554 Jimmy Carter Boulevard, Norcross, Georgia 30090
With email copy to Lfelgin1@gmail.com
of Regarding a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party.
Confidential Information. As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our privacy policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by the Company and will not be returned to you.

6. Email Services & Data Stored on Our Servers
Email Service. We may make email services available to users of our Site, either directly or through a third-party provider. We will not inspect or disclose the contents of private email messages except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, 18 U.S.C. §?2510, et. . seq. or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.
Disclosure to Third Party ASSOCIATES. The information we obtain through your use of this site, including your Registration Information, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

8. Disclaimer
ALL CONTENT AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, SERVICES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SERVICES OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR SERVICES PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR ASSOCIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
THROUGH YOUR USE OF THE SITE, YOU MAY HAVE THE OPPORTUNITIES TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER USERS AND VENDORS. YOU ACKNOWLEDGE THAT ALL TRANSACTIONS RELATING TO ANY PRODUCTS OR SERVICES PROVIDED BY ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO THE PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES RELATING TO SUCH TRANSACTIONS, ARE AGREED TO SOLELY BETWEEN THE SELLER OF SUCH MERCHANDISE AND YOU.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR ASSOCIATES.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS SITE SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

9. Limitation of Liability & Indemnification
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Site shall be limited to the fair market value of SERVICES obtained through the Site during the one (1) month period before the act giving rise to the liability.
IN NO EVENT SHALL WE OR OUR ASSOCIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR SERVICES OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold us and our ASSOCIATES harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

10. Disputes
The Federal Arbitration Act and federal arbitration law will apply to the below Terms.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF ANY COMPANY SERVICES, SITE, PRODUCT OR SERVICES, OR ANY PRODUCTS OR SERVICES INTRODUCED TO YOU BY THE COMPANY WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIM QUALIFIES.
The Arbitration proceeding will be conducted under the American Arbitration Association (“AAA”) rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at https://adr.org/Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The Company will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. The Arbitration proceeding will be conducted in ATLANTA, GEORGIA. BY USING THE SITE, YOU AND THE COMPANY WAIVE THE RIGHT TO HAVE ANY DISPUTE, CLAIM OR CONTROVERSY DECIDED BY A JUDGE OR JURY IN A COURT. THE PARTIES AGREE THAT EACH MAY BRING AND PURSUE CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLAIMED CLASS, REPRESENTATIVE OR COLLECTIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. HOWEVER, WE ALSO BOTH AGREE THAT YOU OR THE COMPANY MAY BRING SUIT IN A COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

11. Termination of Use
Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
No Right to SERVICES Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the SERVICES available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

12. Miscellaneous Provisions
Governing Law. This Site (excluding any Third Party websites) is controlled by us from our offices in ATLANTA, GEORGIA, and the statutes and laws of the State of GEORGIA shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the STATE COURT OF GWINNETT COUNTY, OR THE DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA with respect to such matters controlled by that court.
Notices. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at ____________________ NEED EMAIL ADDRESS FOR CUSTOMERS TO SEND REQUESTS OR COMPLAINTS TO SUCH AS ACCIDENTREPORTGWINNETT@GMAIL.COM by email.
You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.
Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
Entire Agreement. These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s) with exception of the Privacy Policy incorporated by reference herein. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.