This Web site is a service made available by National Insurance Restoration Council, an Florida corporation. (referred to as “NIRC”). By accessing or using this Web site, any of NIRCs products, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. Web site. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING NIRC’s PRODUCTS. ALL SALES ARE FINAL AND WE DO NOT OFFER REFUNDS.
Effective Date: This TOU is updated as of July st, 2015
- Introduction to the National Insurance Restoration Council: The National Insurance Restoration Council (NIRC) is a Non-Profit organization devoted to protecting and educating property owners and restoration contractors when dealing with insurance claims.(i) information and access to a storm contractors and restoration contractor directory to assist with property repairs; (ii)education and certification of licensed contractors; and (v) other related information and services. The NIRC is not a, nor is the NIRC affiliated with any, local, state, or federal government program. The mission of the NIRC is to act as the principal advocate for improved legislation and case law to protect the consumers and contractors when dealing with insurance claims throughout the nation. The NIRC certified contractors adhere to our code of professional conduct, educate property owners about the insurance restoration processes and give back to the communities in storm damaged areas.
- Use License and Restrictions You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Website strictly in accordance with this Agreement; (b) unless otherwise stated, to use the Website solely for internal, personal, non-commercial purposes; and (c) to print out discrete portions of NIRC Content from the Website solely for internal, personal, non-commercial purposes and provided that You maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Website or its contents may be used by You in any litigation or arbitration matter whatsoever under any circumstances.
- This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials
- use the materials for any other commercial purpose than what is provided
- attempt to decompile or reverse engineer any software contained on NIRC’s web site
- remove any copyright or other proprietary notations from the material
- transfer the materials to another person or “mirror” the materials on any other server; or
- or use the materials in contravention of any law, statute, regulation or rule.
- This license shall automatically terminated if you violate any of these restrictions and may be terminated by NIRC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials (except your own data) in your possession whether in electronic or printed format.
- All weather data provided through NIRC is property of MaxCon Software (MaxCon) and will be referred to as “The Weather Data”. The user is granted a limited use license for The Weather Data from MaxCon for use by the user. In no case may the user or the user’s company/employer copy, disseminate, publish, sublicense, grant use of, or share The Weather Data outside of the user’s company/employer or with other employees of the user’s company who don’t have license. The user is not permitted to use The Weather Data or images of The Weather Data in print, electronic, or any other form for use in advertisements, mailers, door hangers, or any publicly displayed or disseminated media without the expressed written consent of MaxCon.The Weather Data, both forecasts and analysis of past events, are considered advisory in nature. Although great care is taken by MaxCon in creating and providing The Weather Data, MaxCon does not warrant the correctness or completeness of any of The Weather Data.
- This is the grant of a license, not a transfer of title, and under this license you may not:
- NIRC Services: At NIRC we are committed to making Your total NIRC experience a positive one. Upon entering Your information and the request for which You would like a contractor, we will provide Your information to contractors in Your area, if any, who may be interested in fulfilling Your service need. However, we do not guarantee that we will be able to match Your service needs with a contractor or that there are contractors in Your area that are either capable or willing to complete Your service needs. Although we take certain steps to examine the credentials of our listed contractors, we make no guarantees or representations regarding the skills or representations of such contractor or the quality of the job that he, she, or it may perform for You if You elect to retain their services. NIRC may inform You of certain offers or discounts provided by a contractor. Such offers or discounts are made solely by the contractor, and NSIRC does not guarantee or warrant the pricing or discounts that a contractor may offer You. Any quotes provided by contractors via the NIRC website are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via the NIRC website. No contractual arrangement is created based upon the quotes provided to You from contractors (or Your scheduling of an appointment with a contractor) via the NIRC website. To contract with a contractor, You must work directly with the contractor. NIRC does not endorse or recommend the services of any particular contractor. It is entirely up to You to enter into a direct contract or otherwise reach agreement with a contractor, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The contractors are not employees or agents of NIRC, nor is NIRC an agent of the contractors. NIRC does not perform, and is not responsible for, any of the services requested by You in Your service request. Your rights under contracts You enter into with contractors are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should You have a dispute with any contractor, You must address such dispute with the contractor directly, AND YOU HEREBY AGREE TO RELEASE NIRC (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE NIRC MATCHING UTILITY) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH CERTIFIED CONTRACTORS.
- Disclaimer. The materials on NIRC’s web site are provided “as is.. NIRC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MaxCon does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
- Limitations: In no event shall NIRC or its suppliers or affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on NIRC’s Internet site, even if NIRC or a NIRC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
- Information You Provide To Us: Upon using the NIRC services, You will be prompted to disclose certain information about Yourself and Your service requirements, and You will be able to store information, such as home services records, on our Web site. Some of this information will be sent to contractors who will need this information to respond to You or to other persons or entities in connection with our business. By providing this information to us, or by submitting a service request, You are requesting, and You expressly consent to being contacted by us and by our contractors and providers via phone, fax, email, mail or other reasonable means, at any of Your contact numbers or addresses, even if You are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the services set forth on our site, to service Your account, to reasonably address matters pertaining to Your account or for other purposes reasonably related to Your service request and our business, including marketing related emails. For complete details on our use of Your information, please see our privacy statement. You agree that by completing a service request, You are entering into a business relationship with NIRC and its partners and thus agree to be contacted by NIRC and/or its partners. You promise that all information You provide will be accurate, current and truthful to the best of Your knowledge. If You provide any information that is untrue, not current or incomplete, or NIRC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NIRC has the right to refuse any current or future use of the NIRC services (or any portion thereof) by You. You are responsible for any use of the NIRC services by persons to whom You intentionally or negligently allow access to Your password.
- Revisions and Errata: The materials appearing on NIRC’s web site could include technical, typographical, or photographic errors free of viruses or other harmful components, or that defects will be corrected. NIRC does not warrant that any of the materials on its web site are accurate, complete, or current. NIRC
may make changes to the materials contained on its web site at any time without notice. NIRC does not, however, make any commitment to update the materials.
- Your Use of the NIRC Services: You acknowledge and agree that Your use of the NIRC services is for Your personal use and not for advertising purposes. You may not use the NIRC website or services to recreate or compete with the NIRC services, to solicit or harass NIRC contractors, or for any other purpose not contemplated herein. You agree that all of the content and information posted on the NIRC Web site, including but not limited to contractor profiles, articles, checklists, blog posts, screening information, and Ratings & Reviews (including any ratings and reviews or other content posted by You), is the sole and exclusive property of NIRC, and that You have no right to reproduce, post, publish, or otherwise use such information other than for Your personal use relating to Your service request. You acknowledge that a violation of the foregoing could result in significant damages, and You agree that You are liable to NIRC for any such damages, and will indemnify NIRC in the event of any third party claims against NIRC based on or arising from Your violation of the foregoing. We reserve the right to revoke Your access to the NIRC Website and services at any time. All information about contractors is confidential and for Your personal use only. If it is determined or suspected by NIRC in its sole discretion that You are misusing or attempting to misuse or circumvent the NIRC services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, NIRC reserves the right, in its sole discretion, to immediately terminate Your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO NIRC AND ITS CERTIFIED CONTRACTOR PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO NIRC AND EACH NIRC SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $10,000 TO EACH OF NIRC AND EACH OF THE AFFECTED CERTIFIED CONTRACTORS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
- Links: NIRC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by NIRC of the site. Use of any such linked web site is at the user’s own risk. You may link to this site provided you do not remove any material presented on this website when providing your link and you do not have illegal or pornographic material on your website. You also agree to remove a link immediately upon request by NIRC.
- Trademarks: The Website contains protected marks. Unauthorized use of trademarks, service marks or logos owned by the NIRC or any of its brand partners or affiliates is strictly prohibited and may also be a violation of federal and state trademark laws.
- Call Recording: You acknowledge and agree that NIRC may monitor and/or record any telephone calls between You and NIRC.
- Consent to Email Communications: You consent to receive communications from us electronically and agree that we may communicate with You by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
- Indemnification: You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
- Unlawful Activity: We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
- Governing Law Any claim relating to NIRC’s web site shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.
- Refund Policy: All Sales are final. There are no refunds. All members who choose to withdraw from the NIRC after the yearly membership is paid for will not receive a refund.. No further charges will incur once account is deactivated by member.
- Copyright Notice: NIRC respects the intellectual property rights of others and expects our customers and visitors to our website to do the same. Relevant copyrights are owned by National Insurance Restoration Council, Inc. and the material on this website is not to be copied or used without written permission of National Insurance Restoration Council, Inc.
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENTPursuant to Title 17, United States Code, Section 512(c), all notifications of copyright infringement relating to content posted on this website should be sent to our Designated Agent, whose contact information is provided below.NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING AGENT BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT TO THE CONTACT LISTED BELOW AS THEY WILL NOT BE ANSWERED.
Under federal law, if you knowingly make a material misrepresentation that online material is infringing, you may be subject to heavy civil penalties. These include monetary damages, court costs, and attorneys’ fees incurred by us, by any copyright owner, or by any copyright owner’s licensee that is injured as a result of our relying upon your misrepresentation.
Written notification must be submitted to the following Designated Agent of Fortuna Logistics, LLC & MaxCon:
Service Provider(s): National Insurance Restoration Council, Inc. (NIRC) Name of Agent Designated to Receive Notification of Claimed Infringement: Michael L. Leetzow, P.A.Attorney at Law Full Address of Designated Agent to Which Notification Should be Sent: 2393 Crest Ridge CourtSanford, FL 32771 Telephone Number of Designated Agent: (407) 302-9970 Facsimile Number of Designated Agent: (407)302-9973 Email Address of Designated Agent: Michael@leetzow.com
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include, substantially, the following:
An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest; Identification of the copyrighted work (or works) that you claim has been infringed; and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.); a description of the material that you claim is infringing; a clear description of where the infringing material is located on our website, including its URL, so that we can locate the material; Your address, telephone number, and e-mail address; a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- User ID and Password: You may be required to have a user ID and password to access certain areas of the Website. You are responsible for maintaining the confidentiality of Your user ID and password and are responsible for all uses of them, regardless of whether the uses were authorized by You. The NIRC prohibits the transfer or sharing of user IDs and passwords. You agree to immediately notify the NIRC of any unauthorized use of Your user ID or password or any other breach of security.
- Certified Contractors Pre-screening Procedures and Disclaimers: The NIRC offers contractors free listings, optimized listings, and certified listings. Contractors using a free listing or optimized listing are not subject to any screening procedures. Contractors listed as “Certified” on our website must pass a screening process that uses the following criteria.
- Licensing: NIRC confirms at the time of a contractor’s certification, that a prospective new member has all applicable required state-level trade licensing. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend You confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend You confirm these licensing requirements before proceeding with Your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend You verify that all the sub-contractors doing work on Your project carry the appropriate licensing. Given the unique nature of California licensing, NIRC relies on representations of contractors that are using a California General building contracting license to cover home improvement tasks, that such contractors are performing more than one task as defined and required by California licensing rules. We always recommend that You ask the business to provide You with a copy of their license. NIRC does not check state-level or provincial level trade licensing for photographers or caterers.
State Business Filings - For contractors that are corporations or limited liability companies, we confirm that the contractor is in good standing in the state in which it is located.
Criminal Records Search: NIRC uses 3rd party data sources to conduct a criminal search for any relevant criminal activity associated with the owner/principal of the business, within the three years prior to such contractor’s registration with NIRC.
Sex Offender Search: In the state in which the owner/principal of the company is located, we check the state’s official Sex Offender web site, to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that You check the applicable state sex offender website for any individual that will be performing work in Your home.
Identity Verification: (Social Security Number) – NIRC verifies the social security number(s) of the contractor’s owner/principal for identity check purposes. This check applies primarily to smaller business entities.
Legal Search for Civil Judgments: We use 3rd party data sources that record legal information to check the principal / owner of the business for significant state-level civil legal judgments entered against the principal / owner by business customers and for bankruptcy filings by or against the principal / owner, both within the three years prior to such contractor’s registration with NIRC.
NOTE: NIRC performs screening solely at the time the contractor applies for membership in the NIRC network, and therefore a contractor’s information may change or expire over time. Thus, NIRC cannot and does not warrant or represent that profile and screening information is up to date. NIRC is under no obligation to update a contractor’s screening information. We recommend that before working with a contractor You verify that information presented in the contractor’s profile, including any applicable state-level license is still accurate, current and/or acceptable to You.
Corporate Accounts: Some contractors are employees, franchisees, dealers, or independent contractors (“Corporate SP’s”) of larger national or corporate accounts (“Corporate Accounts”). In such event, You may be matched with the Corporate Account entity or with one of their Corporate SP’s. The above screening criteria is not applicable to Corporate Accounts, and therefore, NIRC does not screen the Corporate Accounts or Corporate SP’s.
Contractors Profiles: NIRC may allow contractors to post profiles about themselves and their business on the NIRC Web site. NIRC does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the contractor. NIRC therefore makes no representations or warranties regarding any information posted by a contractor, and assumes no liability for such information. The above procedures may change from time to time at the sole discretion of NIRC. NIRC believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members are appropriately licensed or free of significant state-level civil legal judgments, during the period they are members, or thereafter. As circumstances can change daily, NIRC advises consumers to check these matters for themselves especially at future dates. NIRC does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that NIRC checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: NIRC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE CERTIFICATION PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE CERTIFICATION PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
- Service Requests Posted On NIRC Job Board: Where You have requested that NIRC post Your service request on the NIRC Job Board, the terms set forth in this section shall apply, in addition to the other terms and conditions set forth herein. In the event of any conflict between the terms in this section, and the terms in all other sections of these Terms & Conditions, the terms of this section shall prevail. You understand and acknowledge that contractors provided to You from the Job Board are NOT pre-screened members of the NIRC network. These contractors have not been pre-screened by NIRC, and NIRC does not make, and expressly disclaims any guarantees, representations or warranties whatsoever with regard to these contractors. The contractors are provided to You “as is.” We encourage You to ensure that these contractors are appropriately licensed and insured for the work You are requesting to be performed, and to do any further investigation into their references and background as You deem necessary. The section above “Certified Contractors Pre-screening Procedures and Disclaimers” expressly do not apply to service requests posted on the NIRC Job Board
- Headings: The section and paragraph headings used in this TOU are inserted for convenience only and will not affect the meaning or interpretation of this TOU.
These Terms and Conditions constitute the entire agreement between You and NIRC and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof.
These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.