AGREEMENT BETWEEN USER AND SWBC RELATED TO SUBMISSION OF INSURANCE DOCUMENTS
This Website is hosted through Southwest Business Corporation (SWBC) and is offered to YOU conditioned on YOUR acceptance without modification of the terms, conditions, and notices contained herein. YOUR use of the SWBC Website constitutes YOUR agreement to all such terms, conditions, and notices.
USE OF COMMUNICATION SERVICES
This service (Communication Service) is provided to support YOUR Financial Institution by allowing SWBC to manage and process insurance claims on its behalf. By using this (portal), YOU acknowledge that SWBC is acting as an authorized service provider for YOUR lender, facilitating claims intake, review, and communication related to YOUR covered collateral.
SWBC is a diversified financial services company that provides insurance, mortgage, and risk management solutions to financial institutions across the United States. With decades of experience serving lenders and their borrowers, SWBC is dedicated to delivering secure, reliable, and compliant claims-handling services.
MATERIALS PROVIDED TO SWBC OR POSTED TO THIS SWBC WEBSITE
By posting, uploading, inputting, providing or submitting YOUR Submission YOU are granting SWBC, its affiliated companies and necessary sublicensees permission to use YOUR Submission in connection with the adjudication of the insurance claim. By posting, uploading, inputting, providing or submitting YOUR Submission YOU warrant and represent that YOU own or otherwise control all the rights to YOUR Submission as described in this section including, without limitation, all the rights necessary for YOU to provide, post, upload, input or submit the Submissions.
The following are acceptable file types which may be uploaded to this site. File size may not exceed 25 MB. Accepted file types are: .bmp, .doc, .docx, .jpg, .jpeg, .pdf, .png, .pptx, .rtf, .tif, .tiff, .txt, .xls, .xlsx, .xml
CLAIM ASSISTANCE & TROUBLESHOOTING:
If YOU require assistance while submitting the claim, YOU can reach the Total Loss Solutions team by dialing 1-833-420-4924.
LINKS TO THIRD-PARTY SITES
The SWBC Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of SWBC and SWBC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SWBC is not responsible for webcasting or any other form of transmission received from any Linked Site.
MODIFICATION OF THESE TERMS OF USE
SWBC reserves the right to change the terms, conditions, and notices under which the SWBC Website is offered.
WARRANTY OF ACCURACY; UPLOADED CLAIM DOCUMENTS
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YOUR WARRANTY. When YOU submit, upload, transmit, or otherwise provide any information or documentation in connection with a claim (including forms, receipts, invoices, photos, statements, medical or repair records, or other supporting materials) (“Claim Documents”), YOU represent and warrant that:
- Accuracy and Completeness. The information and Claim Documents YOU provide are true, accurate, current, and complete to the best of YOUR knowledge, and YOU will promptly update or correct them if YOU learn they are inaccurate or incomplete.
NO UNLAWFUL OR PROHIBITED USE
As a condition of YOUR use of the SWBC Website, YOU warrant SWBC that YOU will not use the SWBC Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. YOU may not use the SWBC Website in any manner which could damage, disable, overburden, or impair the SWBC Website or interfere with any other party's use and enjoyment of the SWBC Website. YOU may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the SWBC Websites.
By way of example, and not as a limitation, YOU agree that when using a Communication Service, YOU will not:
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by privacy or publicity) unless YOU own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupt files, or any other similar software or programs that may damage the operation of another's computer.
- Download any file posted by another user of a Communication Service that YOU know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author’s attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any Communication Service.
- Harvest or otherwise collect information about others, including email addresses, without their consent.
- Violate any applicable laws or regulations.
SWBC has no obligation to monitor the Communication Services. However, SWBC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SWBC reserves the right to terminate YOUR access to any or all the Communication Services at any time without notice for any reason whatsoever.
SWBC always reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SWBC's sole discretion.
Always use caution when giving out any personally identifying information about YOURSELF or YOUR children in any Communication Service. SWBC does not control or endorse the content, messages or information found in any Communication Service and, therefore, SWBC specifically disclaims any liability regarding the Communication Services and any actions resulting from YOUR participation in any Communication Service. Managers and hosts are not authorized SWBC spokespersons, and their views do not necessarily reflect those of SWBC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. YOU are responsible for adhering to such limitations if YOU download the materials.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SWBC WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SWBC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SWBC WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE SWBC WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
SWBC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SWBC WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SWBC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWBC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SWBC WEBSITE, WITH THE DELAY OR INABILITY TO USE THE SWBC WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SWBC WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SWBC WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SWBC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SWBC WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SWBC WEBSITE.
TERMINATION / ACCESS RESTRICTION
SWBC may, in its sole discretion, terminate or restrict YOUR access to the SWBC website and any related services (or any portion of them) at any time, with or without notice.
- Governing Law. To the maximum extent permitted by law, these terms are governed by the laws of the State of Texas.
- Where Use Is Not Authorized. Use of the SWBC website is unauthorized in any jurisdiction that does not give effect to these terms.
- No Relationship Created. YOUR use of the SWBC website does not create any joint venture, partnership, employment, or agency relationship between YOU and SWBC.
- Compliance With Law. SWBC may comply with applicable laws, regulations, legal process, or requests from governmental, court, or law enforcement authorities relating to YOUR use of the website or information collected in connection with that use.
- Severability. If any provision of these terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.
- Entire Agreement. These terms constitute the entire agreement between YOU and SWBC regarding YOUR use of the SWBC website and supersede all prior or contemporaneous communication relating to the website.
- English Language. These terms are the entire agreement regarding the website and are provided in English.