Terms of Use

Welcome to the www.CostRecoverySolutions.com website (the “Site”). Please read the following Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to Cost Recovery Solutions, LLC and its affiliates and subsidiaries (individually and collectively, “we,” “us,” or “CRS”).

We refer to the Site and the services we provide as described in our Site collectively as the “Service.” Any new features added to or augmenting the Service are also subject to these Terms of Use.

BY USING THE SERVICE, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS OF USE.

CRS has the right to revise this Terms of Use at any time without providing notice to its users. Your continued use of the Service or this Site shall be deemed irrevocable acceptance of those revisions.  If you do not agree to (or cannot comply with) these Terms of Use, as amended, you must stop using the Site.  You will be deemed to have accepted these Terms of Use, as amended, if you continue to use the Site or Services after any amendments are posted.  This license will terminate upon conditions set forth elsewhere within these Terms of Use or if you fail to comply with any term or condition of these Terms of Use. In such event, no notice shall be required by CRS to effect such termination.  

CRS reserves the right to change, modify, suspend or discontinue any portion of this Site or the Service at any time. CRS may also impose limits on certain features or restrict your access to parts or the entire Site or Service in its sole discretion and without notice or liability. 

CRS reserves the right to refuse to provide you access to the Site or Service for any reason.

PRIVACY

Your privacy is very important to us at CRS. To better protect your rights we have provided the CRS Privacy Policy to explain our privacy practices in detail. The terms of the CRS Privacy Policy are hereby incorporated by this reference.

LIMITED LICENSE

CRS grants you a limited license to access and use the Service and to participate in the offerings provided subject to the terms and conditions of this Terms of Use. This license does not allow you to make any commercial use or any derivative use of this Site (including any of its individual elements or Content). By using or accessing the Service you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Service, the Site and its Content. You agree not to copy, distribute, transmit, publicly display, publicly perform, modify, rent, sell, or create derivative works of any portion of the Service, the Site or its Content.

You may not link to any portions of our Site from your website without our prior written consent. You acknowledge that CRS may, in its sole discretion and at any time, discontinue providing any part of the Service without notice.

COMMUNICATING WITH CRS VIA THIS SITE

Some functions of our Service, including communication through our Contact, Partner Opportunity or Sales Career Opportunity Forms, require that you provide certain personal information. In communicating with CRS via these forms, you agree to provide CRS with accurate, complete, and updated information. Failure to do so will constitute a breach of these Terms of Use.

DISCLAIMER

THE SERVICE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY CRS OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, CRS DOES NOT WARRANT THAT THE SERVICE, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.  CRS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT, OFFERS, DISCOUNTS OR PROMOTIONS DESCRIBED IN THIS SITE AND OFFERED BY THE SERVICE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, OR RELIABILITY.

YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

LIMITATION OF LIABILITY

IN NO EVENT SHALL CRS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED, PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY) FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE) OR PECUNIARY LOSS ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF CRS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO TERMINATE YOUR USE OF THE SERVICE.

Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

NO DUTY TO MONITOR

You agree that CRS is not liable for Content that may be provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.

TERMS OF USE

The license for use of this Site is effective until terminated. This license will terminate as set forth within this Terms of Use or if you fail to comply with any term or condition of this Terms of Use. In such event, no notice shall be required by CRS to effect such termination.

Through your use of the Service, you agree that you will not violate any applicable laws, the rights of others, or the operational and security mechanisms of the Service. Examples of such prohibited behavior include, but are not limited to:

• Using the Service to promote, conduct, or contribute to fraudulent, obscene, pornographic and/or illegal activities, including deceptive impersonation or activities involving the exploitation of children.

• Using the Service to violate anyone’s privacy rights (e.g. distributing unwanted commercial solicitations), to infringe on intellectual property rights (including copyrights and trademark rights), to harass or defame others, to promote hatred towards any group of people, or otherwise to publish or disseminate views or opinions which are, in the opinion of CRS, obscene, offensive, or generally inappropriate.

• Using the Service for commercial purposes or for the benefit of any third party or charging any person for the use of the Service.

• Collecting any information or communication about the users of the Service by monitoring, interdicting or intercepting any process of or communication initiated by the Service or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing.

• Attempting to hack the Service or any communication initiated by the Service or to defeat or overcome any encryption and/or other technical protection methods implemented by CRS with respect to the Service and/or data and/or content or programming transmitted, processed or stored by CRS or other users of the Service.

• Disrupting, circumventing, or interfering with any part of the Service; forging or modifying any data processed or distributed by the Service; or using an automated process to cause greater demand on the Service than a single person could produce.

• Altering, modifying, deleting, or otherwise interfering with or in any manner compromising any content, programming, advertising, services and/or features contained on or through the Service, including, without limitation, the Service’s advertising and/or content delivery and display functionality.

YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

• You possess the legal right and ability to enter into this Terms of Use and to comply with its terms;

• You will use this Service for lawful purposes only and in accordance with this Terms of Use and all applicable laws, regulations and policies; and

• You will only use this Service on a computer on which such use is authorized by the computer’s owner.

COPYRIGHTS AND TRADEMARKS

Except as otherwise indicated, all Content, including that displayed on or within the Site and the compilation thereof, such as text, graphics, logos, images and software, is the intellectual property of CRS and its affiliates and licensors, and is protected by United States and international copyright laws. CRS and all related logos and other proprietary marks of CRS displayed on the Site and through the Service are trademarks of CRS.  The CRS trademarks and trade dress may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages CRS.  Unless expressly authorized by us in writing, you are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site or the Service for commercial or public purposes.  All rights are expressly reserved.

All third party trademarks, logos, photographs, images, advertising and other intellectual property contained on or within the Site are the property of the respective third parties, including the respective advertisers, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such intellectual property.

CONTACT US

If you believe a user on our Site is violating this Terms of Use or would like to contact us regarding these Terms of Use, please contact:

Gerard Smith
President
Cost Recovery Solutions, LLC
620 Newport Center Drive, Suite 1100
Newport Beach, California 92660-8011
Phone: (949) 720-9400
Fax: (949) 720-9410 

MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work (as included on the Service) has been copied, displayed, or distributed in a way that constitutes copyright infringement, please notify our Copyright Agent.

A notification of claimed infringement must be a written communication as set forth below, and must include substantially all of the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Service; (d) information sufficient to permit CRS to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner’s behalf.

The CRS Copyright Agent can be reached by phone, fax or post as follows:

Copyright Agent
Cost Recovery Solutions, LLC
620 Newport Center Drive, Suite 1100
Newport Beach, California 92660-8011
Phone: (949) 720-9400
Fax: (949) 720-9410

The Copyright Agent will only respond to any claims involving alleged copyright infringement.

INDEMNITY

You agree to indemnify, defend and hold harmless CRS, and its subsidiaries, affiliates, managers, members, officers, parent companies agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of any term of this Terms of Use or any policy or guidelines referenced herein, or (ii) use or misuse of this Service.

SEVERABILITY

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

MISCELLANEOUS

CRS reserves all rights not expressly granted herein. CRS may modify this Terms of Use at any time by posting the revised Terms of Use on this Site. Your continued use of this Site shall constitute your acceptance of such revised Terms of Use. You may not assign any rights granted to you hereunder. Nothing in this Terms of Use shall constitute a partnership or joint venture between you and CRS. The failure of CRS at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Terms of Use shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are expressly disclaimed.  Any legal proceeding arising out or relating to this Terms of Use against or relating to CRS or any Indemnified Party under this Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in Orange County, California and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Terms of Use and any agreements included or referred to in this Terms of Use constitute the final, complete and exclusive agreement with respect to this Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.